| Oliver v Fradeau Des Ames Pour Christ |
| Motion No: 2018-07650 |
| Slip Opinion No: 2019 NY Slip Op 67075(U) |
| Decided on April 3, 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
M261402
E/mm
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2018-07650 Clyde Oliver, appellant, v Fradeau Des Ames Pour Christ, et al., respondents. (Index No. 504500/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent Fradeau Des Ames Pour Christ, and separate motion by the respondent Coulange Fusler, inter alia, to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated April 18, 2018, on the ground, in effect, that they refer to matter dehors the record. Separate motion by Clyde Oliver, inter alia, to deem the notice of appeal to reflect that he is the intended appellant.
Upon the papers filed in support of the motions by the respondent Fradeau Des Ames Pour Christ and the respondent Coulange Fusler and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by Clyde Oliver and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions by the respondent Fradeau Des Ames Pour Christ and the respondent Coulange Fusler which are to strike stated portions of the appellant's brief are granted, all references to reinstatement of the complaint against the respondent Fradeau Des Ames Pour Christ and reinstatement of the complaint against the respondent Coulange Fusler are stricken, and on or before May 6, 2019, the appellant shall either remove the stricken material from the copies of the appellant's brief filed with the Clerk of this Court and file a replacement digital copy of the appellant's brief, or serve and file a replacement brief that does not contain the stricken material and file a replacement digital copy of the appellant's brief; and it is further,
ORDERED that the branch of the motion by Clyde Oliver to deem the notice of appeal to reflect that he is the intended appellant is granted (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605); and it is further,
ORDERED that the caption is amended accordingly; and it is further,
ORDERED that the motions are otherwise denied.
RIVERA, J.P., AUSTIN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court