Opinion
Motion No. 2022-00527 Index No. 520631/2018
06-14-2023
Clarence Stewart, et al., appellants, v. Christiana Trust, etc., et al., defendants Fay Servicing, respondent.
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P., LARA J. GENOVESI, DEBORAH A. DOWLING, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated December 22, 2021. Motion by the respondent to dismiss the appeal or, in the alternative, to strike stated portions of the appellants' brief on the ground that the appellants improperly raise arguments for the first time on appeal, to dismiss the appeal on the ground that the record is insufficient, or, in the alternative, in effect, to take judicial notice of certain material and to strike stated portions of the record on the ground that they contain matters dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DUFFY, J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur.