| Emigrant Bank v Carrera |
| Motion No: 2019-00323 |
| Slip Opinion No: 2019 NY Slip Op 80317(U) |
| Decided on September 25, 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
M266116
E/sl
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2019-00323 Emigrant Bank, etc., respondent, v Bertha Carrera, et al., appellants, et al., defendants. (Index No. 2813/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike pages 822 through 964 of the record on an appeal from an order of the Supreme Court, Kings County, dated September 21, 2018, 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 pages 822 through 964 of the record is granted and on or before October 25, 2019, the appellants shall remove the stricken material from the copies of the record filed with the Clerk of the Court and file a replacement digital copy of the record which does not contain the stricken material, or serve and file a replacement record, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[a][1]),which does not contain the stricken material; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court