Cohen v Wallace & Minchenberg
Motion No: 2005-03298
Slip Opinion No: 2005 NYSlipOp 68505(U)
Decided on May 5, 2005
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M39272

E/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2005-03298

Bennett Cohen, respondent-appellant, v

Wallace & Minchenberg, et al., appellants-

respondents, et al., respondents.

(Index No. 29307/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to strike the reply brief filed by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated February 2, 2005.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is dismissed on the ground that the respondent-appellant has not submitted an affidavit of service for the motion papers.

ADAMS, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court