Appellate Division: Second Judicial Department

M277830

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2020-04276 GMAT Legal Title Trust 2014-1, etc., appellant, v Mimi Kator, respondent, et al., defendants. (Index No. 502411/2015)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated November 6, 2019. By order to show cause dated March 24, 2021, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision. Motion by the respondent to strike stated portions of the appellant's reply brief on the ground that they improperly raise arguments for the first time in reply, or for leave to serve and file a sur-reply brief.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to strike stated portions of the appellant's reply brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the respondent's motion is otherwise denied.

AUSTIN, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court