| Rodriguez v Hernandez |
| Motion No: 2005-09076 |
| Slip Opinion No: 2006 NYSlipOp 74410(U) |
| Decided on August 25, 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
M43725
E/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2005-09076 Cesar Rodriguez, plaintiff-respondent, v Juan C. Hernandez, et al., defendants third-party plaintiffs-respondents, City of New York, et al., defendants-appellants, Direct Access Expediting, Inc., et al., defendants-respondents; New York City School Construction Authority, third-party defendant-appellant. (Index No. 3117/03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent on an appeal from an order of the Supreme Court, Kings County, dated July 29, 2005, inter alia, to strike stated portions of the reply brief of the defendants-appellants City of New York and New York City Department of Education on the ground that it raises arguments not previously raised in the main 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 stated portions of the reply brief of the defendants-appellants City of New York and New York City Department of Education 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 motion is otherwise denied.
PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court