| Busher v Barry |
| Motion No: 2021-04881 |
| Slip Opinion No: 2022 NY Slip Op 68138(U) |
| Decided on July 1, 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
M283751
MB/
FRANCESCA E. CONNOLLY, J.P.
REINALDO E. RIVERA
DEBORAH A. DOWLING
HELEN VOUTSINAS, JJ.
|
2021-04881 Meredith Busher, etc., et al., appellants, v Desmond T. Barry, Jr., et al., respondents. (Index No. 52913/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated June 14, 2021. Motion by the appellants to strike stated portions of the respondent's brief on the ground that they refer to and contain 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 motion is granted, the second and third sentences of the first paragraph of page seven of the respondent's brief and the article and photographs appended to the respondent's brief are stricken, and on or before August 1, 2022, the respondent shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material and is in all other respects the same as the brief previously filed.
CONNOLLY, J.P., RIVERA, DOWLING and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court