| Gregorian v New York Life Insurance Co. |
| Motion No: 2018-01374 |
| Slip Opinion No: 2019 NY Slip Op 61111(U) |
| Decided on January 18, 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
M259343
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-01374 Howsep Gregorian, appellant-respondent, v New York Life Insurance Co., respondent- appellant. (Index No. 34349/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to strike the joint record on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 2, 2017, or, in the alternative, for leave to serve and file a supplemental joint record containing the transcripts of the proceedings which occurred on September 10, 2018, and October 2, 2017. Cross motion by the appellant-respondent for leave to serve and file a supplemental joint record containing transcript pages 117 through 121 of certain proceedings which occurred on October 2, 2017, to impose a sanction upon the respondent-appellant, and for an award of costs and an attorney's fee. Separate motion appellant-respondent for leave to serve and file a supplemental joint record containing transcript pages 117 through 121 of certain proceedings which occurred on October 2, 2017, and certain documents. Separate motion by the appellant-respondent for leave to serve and file a replacement reply brief.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent-appellant's motion which is for leave to serve and file a supplemental joint record containing the transcripts of the proceedings which occurred on September 10, 2018, and October 2, 2017, is granted, on or before February 13, 2018, the respondent-appellant shall serve and file its supplemental joint record, and the motion is otherwise denied; and it is further,
ORDERED that the branch of the appellant-respondent's motion which is for leave to serve and file a supplemental joint record containing excerpts of the transcripts of the proceedings which occurred on October 2, 2017, is denied as academic, and the motion is otherwise denied; and it is further,
ORDERED that the cross motion and the motion by the appellant-respondent for leave to serve and file a replacement reply brief are denied.
DILLON, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court