Opinion
Motion No. 2022-10379 Index No. 51029/2020
12-13-2023
Joseph McEntee Jr., et al., appellants, v. Cricket Valley Energy Center, LLC, et al., respondents.
Unpublished Opinion
MOTION DECISION
M292972
COLLEEN D. DUFFY, J.P., PAUL WOOTEN, LILLIAN WAN, JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Dutchess County, dated November 16, 2022. Motion by the appellant for leave to serve and file a supplemental record containing certain material. Cross-motion by the respondents to strike stated portions of the appellants' brief on the ground that they refer to matter dehors the record.
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 motion by the appellant is denied; and it is further, ORDERED that the cross-motion by the respondent is granted, the appellants' brief is stricken, and on or before January 12, 2024, the appellant shall serve and file, via NYSCEF, a replacement brief that does not contain references to a proposed supplemental record and is in all other respects the same as the brief previously filed; and it is further, ORDERED that on the Court's own motion, the appellants' reply brief is stricken, and on or before January 12, 2024, the appellant shall serve and file, via NYSCEF, a replacement reply brief that does not contain references to a proposed supplemental record and is in all other respects the same as the brief previously filed.
DUFFY, J.P., WOOTEN, WAN and TAYLOR, JJ., concur.