| Sangiovanni v Koloski |
| Motion No: 2005-02083 |
| Slip Opinion No: 2006 NYSlipOp 61324(U) |
| Decided on January 31, 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
M35507
C/sl
THOMAS A. ADAMS, J.P.
FRED T. SANTUCCI
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
|
2005-02083 Angelo Sangiovanni, appellant, v Eugene Koloski, et al., respondents. (Index No. 3125/01)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the reply brief on an appeal from a judgment of the Supreme Court, Dutchess County, entered January 27, 2005, on the ground that the reply brief raises substantive issues not raised in the appellant's main brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court