Gail M. Everett, etc. respondents, v. Eastchester Police Department appellants defendant

2013-09725 Gail M. Everett, etc. respondents, v. Eastchester Police Department appellants defendant. (Index No. 27659/10) Motion by the appellants to strike stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Westchester County, entered August 22, 2013, on the ground that they refer to matter dehors the record or, in the alternative, to enlarge the record to include transcripts of certain deposition testimony or for the Court to take judicial notice of the deposition testimony. Cross motion by the respondents to strike stated portions of the appellants' brief and the appellants' reply brief on the grounds that they refer to matter dehors the record and improperly raise issues for the first time on appeal, and to impose a sanction upon the appellants. By decision and order on motion of this Court dated July 10, 2014, the motion and the cross motion were held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

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2013-09725 Gail M. Everett, etc. respondents, v. Eastchester Police Department appellants defendant. (Index No. 27659/10) Motion by the appellants to strike stated portions of the respondents’ brief on an appeal from an order of the Supreme Court, Westchester County, entered August 22, 2013, on the ground that they refer to matter dehors the record or, in the alternative, to enlarge the record to include transcripts of certain deposition testimony or for the Court to take judicial notice of the deposition testimony. Cross motion by the respondents to strike stated portions of the appellants’ brief and the appellants’ reply brief on the grounds that they refer to matter dehors the record and improperly raise issues for the first time on appeal, and to impose a sanction upon the appellants. By decision and order on motion of this Court dated July 10, 2014, the motion and the cross motion were held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, and upon the argument of the appeal, it is,

Gail M. Everett, etc. respondents, v. Eastchester Police Department appellants defendant

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