| Maycock v Joseph |
| Motion No: 2023-07356 |
| Slip Opinion No: 2024 NY Slip Op 71696(U) |
| Decided on July 29, 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
M298072
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
BARRY E. WARHIT
LAURENCE L. LOVE, JJ.
|
2023-07356 Jervir Maycock, appellant, v Akeshia Marcellina Joseph, defendant, Metropolitan Transportation Authority, et al., respondents. (Index No. 505751/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated June 23, 2023. Motion by the defendant, inter alia, to strike stated portions of the respondents' brief on the ground that they improperly seek affirmative relief against the defendant or, in the alternative, for leave to serve and file a respondent's brief.
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 respondents' brief is granted, Point V, appearing on pages 33 through 34, of the respondents' brief is stricken, and on or before August 28, 2024, 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 motion is otherwise denied.
BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court