| Matter of King v Lindsay |
| Motion No: 2021-02085 |
| Slip Opinion No: 2022 NY Slip Op 73175(U) |
| Decided on October 19, 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
M285459
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
DEBORAH A. DOWLING
LILLIAN WAN, JJ.
|
2021-02085 In the Matter of John King, et al., respondents, v Jake Lindsay, et al., appellants. (Index No. 5221/2020)
| DECISION & ORDER ON MOTION |
Appeals from an order and judgment (one paper) of the Supreme Court, Orange County, dated February 17, 2021. Motion by the appellant John C. Ledwith to strike stated portions of the respondents' brief on the ground that they refer to matter dehors the record and for an award of costs.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the respondents' brief is granted, footnotes 1 and 2 of the respondents' brief are stricken, and on or before November 18, 2022, the respondents shall serve and file, via NYSCEF, a replacement brief that does not contain the stricken material and is in other respects the same as the brief previously filed; and it is further,
ORDERED that the branch of the motion which is for an award of costs is denied.
BARROS, J.P., CHAMBERS, DOWLING and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court