Hatten v Behrins
Motion No: 2016-08134
Slip Opinion No: 2018 NY Slip Op 91611(U)
Decided on December 24, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M258562

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-08134

Jeffrey Hatten, respondent,

v Bruce G. Behrins, et al., appellants.

(Index No. 15702/12)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a second amended judgment of the Supreme Court, Kings County, dated June 17, 2016, inter alia, to strike stated portions of the appellants' brief. By decision and order on motion of this Court dated April 12, 2017, the branch of the respondent's motion which was to strike stated portions of the appellants' brief was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appeal was deemed withdrawn by decision and order on application of this Court dated June 15, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief is denied as academic.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court