| U.S. Bank, National Association v Heirs and Distributees of the estate |
| Motion No: 2018-07672 |
| Slip Opinion No: 2019 NY Slip Op 70521(U) |
| Decided on May 15, 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
M262694
E/mm
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
|
2018-07672 U.S. Bank, National Association, etc., appellant, v Heirs and Distributees of the estate of Morris Kaplan, et al., defendants, Neil Zachary Kaplan, etc., respondent. (Index No. 709110/17)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike Point I B of the appellant's brief on an appeal from an order of the Supreme Court, Queens County, entered April 13, 2018, on the ground that it refers to matter dehors the record and/or improperly raises issues for the first time on appeal, and to extend the time to serve and file a brief.
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 Point IB of the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until June 14, 2019, and the respondent's brief shall be served and filed on or before that date.
BALKIN, J.P., LEVENTHAL, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court