| Bank of New York Mellon v Bub |
| Motion No: 2022-06621 |
| Slip Opinion No: 2025 NY Slip Op 60416(U) |
| Decided on January 10, 2025 |
| 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
M302062
AFA/
ANGELA G. IANNACCI, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2022-06621 Bank of New York Mellon, etc., plaintiff-respondent, v George Bub, etc., defendant-respondent, Gina R. Decintio-Bub, etc., appellant, et al., defendants. (Index No. 21795/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated July 8, 2022. Motion by the plaintiff-respondent, inter alia, to strike stated portions of the appellant's reply brief on the ground that they improperly raise arguments for the first time in reply and refer to matter dehors the record. Cross-motion by the appellant to disregard defects or mistakes contained in the reply brief or, in the alternative, for leave to amend the reply brief.
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 branch of the cross-motion which is for leave to amend the reply brief is denied; and it is further,
ORDERED that the motion and the branch of the cross-motion which is to disregard defects or mistakes contained in the reply brief are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
IANNACCI, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court