| Brouard v Convery |
| Motion No: 2018-05231 |
| Slip Opinion No: 2019 NY Slip Op 81193(U) |
| Decided on October 7, 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
M266406
kbp/
MARK C. DILLON, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2018-05231 Denise Brouard, appellant, et al., plaintiff, v James Convery, et al., respondents. (Index No. 28560/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to strike stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Suffolk County, dated February 9, 2018, on the ground that they refer to matter dehors the record. Cross motion by the respondents to dismiss the appeal on the ground that no appeal lies from an order denying a motion in limine.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the appeal is dismissed, without costs or disbursements (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600); and it is further,
ORDERED that the motion is denied as academic.
DILLON, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court