Appellate Division: Second Judicial Department

M261760

E/mm

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

RUTH C. BALKIN

JOSEPH J. MALTESE, JJ.

2018-06008 Joyce G. Marks, etc., et al., appellants-respondents, v Claire C. Gaeckle, respondent-appellant, et al., defendants. (Index No. 621057/16)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal from an order of the Supreme Court, Suffolk County, dated April 12, 2018, to strike stated portions of the appellants-respondents' brief and a certain deed dated October 1, 1971, which is annexed to the appellants-respondents' brief. Separate motion by the appellants-respondents for leave to serve and file an addendum to their brief containing the deed dated October 1, 1971.

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

ORDERED that the respondent-appellant's motion is granted to the extent that the deed and references to the deed contained in the appellants-respondents' brief are stricken, and on or before May 9, 2019, the appellants-respondents shall remove the stricken material from the copies of the appellants-respondents' brief filed with the Clerk of the Court, and file a replacement digital copy of the appellants-respondents' brief which does not contain the stricken material, or serve and file an original and five duplicate hard copies, and one digital copy, of the appellants-respondents' replacement brief which do not contain the stricken material, and the motion is otherwise denied; and it is further,

ORDERED that the appellants-respondents' motion is denied.

MASTRO, J.P., RIVERA, BALKIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court