Matter of Voron v Board of Managers of the Newswalk Condominium
Motion No: 2019-06601
Slip Opinion No: 2019 NY Slip Op 82158(U)
Decided on October 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M266707

E/mb

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2019-06601

In the Matter of Marina Voron, et al., respondents,

v Board of Managers of the Newswalk Condominium

et al., defendants, Liliana Ariztizabal, et al., appellant

(Index No. 504374/19)

DECISION & ORDER ON MOTION


,
s.

Motion by the respondents for a preference in the calendaring of an appeal from an order of the Supreme Court, Kings County, dated April 26, 2019, and to strike stated portions of the appellants' brief on the ground that they improperly raise issues for the first time on appeal or refer to matters 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 for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellants' brief on the ground that they improperly raise issues for the first time on appeal or refer to matters dehors the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

SCHEINKMAN, P.J., RIVERA, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court