| Freitas v City of New York |
| Motion No: 2005-03311 |
| Slip Opinion No: 2006 NYSlipOp 60729(U) |
| Decided on January 17, 2006 |
| 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. |
Appellate Division: Second Judicial Department
M34901
C/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-03311 Geovane Freitas, respondent, v City of New York, et al., defendants third-party plaintiffs-appellants; Romano Enterprises of New York, Inc., third-party defendants- respondents. (Index No. 44769/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated February 4, 2005, to strike portions of the respondent's brief on the ground that it raises issues which were not raised in the Supreme Court, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike portions of the respondent's brief is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is denied as academic, as the reply brief has been timely filed.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court