| Stewart v Christiana Trust |
| Motion No: 2022-00527 |
| Slip Opinion No: 2023 NY Slip Op 68672(U) |
| Decided on June 14, 2023 |
| 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
M289526
AFA/
COLLEEN D. DUFFY, J.P.
LARA J. GENOVESI
DEBORAH A. DOWLING
HELEN VOUTSINAS, JJ.
|
2022-00527 Clarence Stewart, et al., appellants, v Christiana Trust, etc., et al., defendants, Fay Servicing, respondent. (Index No. 520631/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated December 22, 2021. Motion by the respondent to dismiss the appeal or, in the alternative, to strike stated portions of the appellants' brief on the ground that the appellants improperly raise arguments for the first time on appeal, to dismiss the appeal on the ground that the record is insufficient, or, in the alternative, in effect, to take judicial notice of certain material and to strike stated portions of the record on the ground that they contain matters 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DUFFY, J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court