Opinion
Motion No. 2023-00249 Index No. 160481/20 No. 2022-01391
02-23-2023
Preserve BAMs Historic District Inc., et al., Petitioners-Appellants, v. Landmarks Preservation Commission of City of New York, Respondent-Respondent, 130 St. Felix Street, LLC, Intervenor Respondent-Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Troy K. Webber Anil C. Singh Lizbeth González John R. Higgitt, Justice Presiding, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about October 26, 2021, and said appeal having been perfected, And intervenor respondent-respondent having moved to strike petitioners-appellants' brief in its entirety, or in the alternative, to strike those portions of appellants' brief that refer to documents outside of the Record on Appeal, 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 the following from petitioners-appellants' brief: (1) the descriptions, on pages 8 and 20 of the brief, of the John R. Low-Beer article as an "exhibit" to the brief; and (2) the portion of the brief beginning on page 6 with "(See architect Juan Alurralde affidavit, Exhibit 1 hereto) Mr. Alurralde questions…" through and including the first sentence of the third full paragraph on page 7 which states "One might wonder why it should take so long." It is further ordered that petitioners-appellants are directed to file a new 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.