| Matter of JDM Holdings, LLC v Village of Warwick |
| Motion No: 2018-00200 |
| Slip Opinion No: 2019 NY Slip Op 84275(U) |
| Decided on November 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
M267447
E/sl
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2018-00200 In the Matter of JDM Holdings, LLC, appellant, v Village of Warwick, respondent-respondent, et al., respondent. (Index No. 1282/16)
| DECISION & ORDER ON MOTION |
2018-13124
In the Matter of JDM Holdings, LLC, appellant,
v Village of Warwick, respondent-respondent,
et al., respondent.
(Index No. 1282/16)
Motion by the appellant to calendar together appeals from two orders of the Supreme Court, Orange County, dated November 3, 2017, and September 4, 2018, respectively. Separate motion by the respondent to strike footnote 1 on page 6 of the appellant's reply brief filed in connection with the appeal from the order dated September 4, 2018 (Appellate Division Docket No. 2018-13124), on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that footnote 1 on page 6 of the appellant's reply brief filed in connection with the appeal from the order dated September 4, 2018 (Appellate Division Docket No. 2018-13124), is stricken and on or before December 2, 2019, the appellant shall remove the stricken material from the copies of the reply brief filed with the Clerk of the Court and file a replacement digital copy of the reply brief which does not contain the stricken material, or serve and file a replacement reply brief, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[c][1]),which does not contain the stricken material.
MASTRO, J.P., CHAMBERS, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court