| Matter of Lepper v Village of Babylon |
| Motion No: 2022-05581 |
| Slip Opinion No: 2023 NY Slip Op 71233(U) |
| Decided on August 4, 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
M290388
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING
BARRY E. WARHIT, JJ.
|
2022-05581 In the Matter of John Lepper, appellant, v Village of Babylon, et al., respondents. (Index No. 379/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated April 11, 2022. Motion by the respondents to strike stated portions of the appellant's reply 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 thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the appellant's reply brief is granted, the first, second and fifth paragraphs of page 9, the first, second, and third paragraphs of page 10, the first paragraph of page 12, and the first paragraph of page 27 of the appellant's reply brief are stricken, and on or before September 5, 2023, the appellant 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.
DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court