Opinion
Motion No: M-2111
06-13-2017
Joan Sheen Cunningham, Petitioner-Respondent, v. Trustees of St. Patrick's Cathedral, and The Archdiocese of New York, Respondents-Appellants.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about November 17, 2016, and said appeal having been perfected, And petitioner-respondent having moved for an order striking portions of the record on appeal and respondents' appellate brief, directing respondents to file an amended record on appeal and appellate brief, adjourning the appeal, and enlarging the time for petitioner to file a respondent's brief, 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 to the extent of striking pp. 221-240 of respondents-appellants' record, and respondents-appellants are directed to physically excise said pages from all copies of the record within 15 days from the date of entry hereof. The main brief filed by respondents-appellants is stricken, and respondents-appellants are directed to file a new brief with no references to the sur-reply dated October 27, 2016, or its exhibits. Respondents-appellants are directed to file their replacement main brief by August 7, 2017 for the October 2017 Term, to which Term the appeal is adjourned.
ENTERED: June 13, 2017
_____________________ CLERK
Present - Hon. David Friedman, Justice Presiding, Angela M. Mazzarelli Karla Moskowitz Judith J. Gische Ellen Gesmer, Justices
M-2111
Index No. 154933/16