| Apex Bank v Fasulo-Brancaleone |
| Motion No: 2023-02870 |
| Slip Opinion No: 2024 NY Slip Op 65209(U) |
| Decided on April 3, 2024 |
| 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
M295428
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
BARRY E. WARHIT
CARL J. LANDICINO, JJ.
|
2023-02870 Apex Bank, etc., appellant, v Theresa D. Fasulo-Brancaleone, et al., respondents, et al., defendants. (Index No. 614157/2018)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Nassau County, dated January 19, 2023. Motion by the respondents to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record. Application by the respondents to extend the time to serve and file a brief. Application by the appellant to extend the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike Points I through VI of the appellant's brief is granted, Points I through VI of the appellant's brief are stricken, and on or before May 3, 2024, the appellant shall serve and file, via NYSCEF, a replacement appellant's brief that does not refer to the stricken material and is in all other respects the same as the brief previously filed; and it is further,
ORDERED that the branch of the motion which is to strike Point VII of the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the application by the respondents is granted, and on or before June 3, 2024, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the application by the appellant is denied as premature.
CONNOLLY, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court