| DLJ Mortgage Capital, Inc. v Amy |
| Motion No: 2023-00065 |
| Slip Opinion No: 2025 NY Slip Op 68986(U) |
| Decided on May 19, 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
M305214
AFA/
VALERIE BRATHWAITE NELSON, J.P.
CARL J. LANDICINO
LOURDES M. VENTURA
JAMES P. MCCORMACK, JJ.
|
2023-00065 DLJ Mortgage Capital, Inc., appellant, v Marie L. Amy, et al., respondents, et al., defendant. (Index No. 18463/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated November 1, 2022. Motion by the respondents to dismiss the appeal or, in the alternative, to strike the appellant's brief on the ground that it refers to matter dehors the record.
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 dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to strike the appellant's brief on the ground that it refers to matter dehors the record is granted, the appellant's brief is stricken, and on or before June 20, 2025, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., LANDICINO, VENTURA and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court