| Drake Petroleum Company, Inc. v Bryant Taconic Corp. |
| Motion No: 2021-02916 |
| Slip Opinion No: 2022 NY Slip Op 64537(U) |
| Decided on April 15, 2022 |
| 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
M282278
AP/jr
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
JOSEPH J. MALTESE
LARA J. GENOVESI, JJ.
|
2021-02916 Drake Petroleum Company, Inc., respondent, v Bryant Taconic Corp., appellant. (Index No. 501265/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Putnam County, dated March 30, 2021. Motion by the respondent for leave to file a sur-reply, or, in the alternative, to strike certain portions of the appellant's reply brief on the ground that they refer to matter 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 to strike the appellant's reply brief is granted and on or before May 16, 2022, the appellant shall serve a replacement reply brief that does not refer to the "Right of First Refusal Agreement," including the material contained in the paragraph beginning on page 4 with the words "[i]n its opposition brief," and continuing through page 6 with the paragraph ending with the words "should be reversed," and the material contained in pages 11 and 12, and upload a digital copy of the replacement reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., DUFFY, MALTESE and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court