Opinion
2022-60139 Motion 2021-04292
01-06-2022
Jeffrey Butler, Plaintiff-Respondent-Appellant, v. The City of New York, Defendant-Appellant-Respondent, Cyrus Vance, in his capacity as the District Attorney of New York County, Defendant, NYPD Officer Steven O'Hagan (Shield 4511), Defendant-Respondent, John Doe 1 and John Doe 2, (unidentified New York Police Officers), Defendants. Index No. 150829/2016 No. 2020-04475
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, David Friedman Anil C. Singh Peter H. Moulton Julio Rodriguez III, Justices.
An appeal and cross-appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about October 14, 2020, and the appeals having been perfected, And defendant-appellant-respondent having moved to strike Point V of plaintiff-respondent-appellant's reply brief on the independent grounds that the brief (1) improperly responds to the City's arguments on the City's own appeal, instead of responding to the City's arguments against Butler's cross appeal, and (2) improperly raises new arguments on reply, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted, and point V of plaintiff-respondent-appellant's reply brief is deemed stricken.