Appellate Division: Second Judicial Department

M304320

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

WILLIAM G. FORD

DONNA-MARIE E. GOLIA, JJ.

2025-01958, 2025-01962 Mount Vernon City School District, appellant, v New York Schools Insurance Reciprocal, defendant-respondent; New York Schools Insurance Foundation, Inc., etc., third-party plaintiff-respondent, Wright Risk Management Company, LLC, third-party defendant-respondent. (Index No. 610267/2022)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, dated January 21, 2024, and January 27, 2025, respectively. Motion by the appellant for a preference in the calendaring of the appeals and for permission to orally argue the appeals. Motion by the defendant-respondent, inter alia, to strike stated portions of the record on appeal and the appellant's brief on the ground that they contain and refer to matter dehors the record.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the appellant which is for a preference in the calendaring of the appeals is denied; and it is further,

ORDERED that the branch of the motion by the appellant which is for permission to orally argue the appeals is denied without prejudice to filing a letter application for such relief after the appeal has been calendared (see 22 NYCRR 670.15[b], 1250.15[c]); and it is further,

ORDERED that the branch of the motion by the defendant-respondent which is to strike stated portions of the record on appeal and the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion by the defendant-respondent is otherwise denied.

CHAMBERS, J.P., CHRISTOPHER, FORD and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court