| McEntee v Cricket Valley Energy Center, LLC |
| Motion No: 2022-10379 |
| Slip Opinion No: 2023 NY Slip Op 78388(U) |
| Decided on December 13, 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
M292972
AFA/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
LILLIAN WAN
JANICE A. TAYLOR, JJ.
|
2022-10379 Joseph McEntee Jr., et al., appellants, v Cricket Valley Energy Center, LLC, et al., respondents. (Index No. 51029/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Dutchess County, dated November 16, 2022. Motion by the appellant for leave to serve and file a supplemental record containing certain material. Cross-motion by the respondents to strike stated portions of the appellants' brief on the ground that they refer to matter dehors the record.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant is denied; and it is further,
ORDERED that the cross-motion by the respondent is granted, the appellants' brief is stricken, and on or before January 12, 2024, the appellant shall serve and file, via NYSCEF, a replacement brief that does not contain references to a proposed supplemental record and is in all other respects the same as the brief previously filed; and it is further,
ORDERED that on the Court's own motion, the appellants' reply brief is stricken, and on or before January 12, 2024, the appellant shall serve and file, via NYSCEF, a replacement reply brief that does not contain references to a proposed supplemental record and is in all other respects the same as the brief previously filed.
DUFFY, J.P., WOOTEN, WAN and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court