| McCormick 110, LLC v Gordon |
| Motion No: 2019-04084 |
| Slip Opinion No: 2020 NY Slip Op 74724(U) |
| Decided on November 16, 2020 |
| 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
M274109
E/sl
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-04084, 2020-00674 McCormick 110, LLC, respondent-appellant, v Joseph Gordon, et al., appellants-respondents, et al., defendants. (Index No. 509541/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated February 27, 2019, and appeal and cross appeal from a judgment of the same court dated November 19, 2019. Motion by the respondent-appellant to strike stated portions of the appellants-respondents' brief on the cross appeal from the judgment on the ground that it improperly raises arguments dehors the record on the cross appeal and in contravention of a decision and order on motion of this Court dated June 3, 2020, and/or, in the alternative, to extend the time to serve and file a reply 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 stated portions of the appellants-respondents' brief on the cross appeal is granted, and on or before December 16, 2020, the appellants-respondents shall serve a replacement appellants-respondents' brief on the cross appeal that only raises points of argument concerning the judgment dated November 19, 2019 (see 22 NYCRR 1250.9[f][1][iv]) and upload digital copies of the replacement appellants-respondents' brief, with proof of service thereof, through the digital portal on this Court's website, and the appellants-respondents shall file an original and five hard copies of the appellants-respondents' brief on the cross appeal in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief on the cross appeal is denied as premature.
RIVERA, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court