U.S. Bank, National Association v Gadson
Motion No: 2017-05182
Slip Opinion No: 2018 NY Slip Op 91825(U)
Decided on December 27, 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

M258661

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-05182

U.S. Bank, National Association, etc., respondent,

v Sandra Gadson, et al., defendants, Michael Knott,

et al., appellants.

(Index No. 18626/08)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to strike the respondent's brief and stated pages of the supplemental record on an appeal from an order of the Supreme Court, Queens County, dated November 22, 2016.

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

ORDERED that the appellant's motion is granted to the extent that the second paragraph on page 8 of the respondent's brief and pages 134 through 141 of the supplemental record are stricken, and on or before January 18, 2019, the respondent shall remove the stricken material from the copies of the respondent's brief and the supplemental record filed with the Clerk of this Court and file electronic copies of the corrected respondent's brief and the supplemental record, or serve and file a replacement respondent's brief and replacement supplemental record which does not contain the stricken material; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court