| Madigan v Berkeley Capital, LLC |
| Motion No: 2018-13098 |
| Slip Opinion No: 2021 NY Slip Op 60346(U) |
| Decided on January 13, 2021 |
| 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
M275002
E/sl
LEONARD B. AUSTIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2018-13098 Faye Madigan, etc., appellant-respondent, v Berkeley Capital, LLC, et al., defendants, Rosa Bronstein, et al., respondents, Oceana Holding Corp., respondent-appellant. (Index No. 516351/2017)
| DECISION & ORDER ON MOTION |
Appeal and cross appeal from an order of the Supreme Court, Kings County, dated October 22, 2018. Motion by the appellant-respondent to strike the respondent-appellant's reply brief on the ground that it refers to matter dehors the record or, in the alternative, for leave to serve and file a sur-reply brief, and to impose a sanction upon the respondent-appellant's counsel.
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 the respondent-appellant's reply brief is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court