Opinion
Motion No. 2023-00304 Index No. 655003/19Case No. 2022-02305
02-21-2023
Charles Hall, Plaintiff-Respondent, v. Reggie Middleton, Veritaseum, LLC, Veritaseum Securities LLC, Veritaseum Assets LLC and Veritaseum Holdings LLC, Defendants-Appellants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Troy K. Webber, Anil C. Singh, Lizbeth González, John R. Higgitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 12, 2022, and said appeal having been perfected, And plaintiff-respondent having moved, inter alia, to strike pages 271 through 737 of the record on appeal as dehors the record and to strike defendants-appellants' 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 pages 271 through 737 of the record on appeal; and striking from defendants-appellants' brief: (1) the "Statement of Nature of Matter" in its entirety, with leave to file a new "Statement of Nature of Matter" limited to background facts that were before Supreme Court at the time the motion was considered and determined, with citations to the new record on appeal; (2) subheading "D" of the "Arguments" section, entitled "Hall Can Not Prevail on His Derivative Claim," in its entirety; and (3) all remaining citations to the stricken record pages in the "Arguments" sections, including, but not limited to, any citations to the Middleton Affidavit. Defendants-appellants are directed to file a new Record on Appeal and Appellants' Brief in accordance with this order on or before March 20, 2023, for the June 2023 Term of this Court, to which term the perfected appeal is adjourned. All citations to documents in the record in the re-filed brief shall include the page in the record where such documents can be located.