| X&Y Development Group, LLC v Epic Tower, LLC |
| Motion No: 2018-03848 |
| Slip Opinion No: 2019 NY Slip Op 60312(U) |
| Decided on January 8, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M258997
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-03848 X & Y Development Group, LLC, respondent, v Epic Tower, LLC, respondent, et al., defendants. (Index No. 707065/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, entered February 14, 2018, inter alia, to strike stated portions of the appellant's appendix on the ground that they contain matter dehors the record.
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 appellant's appendix is granted, pages A19 through A186, A331 through A595, A674 through A910, A937 through A1055, A1072 through A1140, and A1145 through A1153 are stricken, and on or before February 7, 2019, the appellant shall remove the stricken material from the copies of the appellant's appendix filed with the Clerk of this Court and file a replacement digital copy of the appellant's appendix and serve and file a replacement brief that does not refer to the stricken material, or serve and file a replacement appellant's appendix and a replacement brief that does not refer to the stricken material; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court