Sushchenko v Dyker Emergency Physicians Service, P.C.

Sushchenko v Dyker Emergency Physicians Service, P.C.

Motion No: 2005-03823

Slip Opinion No: 2006 NYSlipOp 75892(U)

Decided on September 15, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M44384

Y/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2005-03823
Sergey Sushchenko, et al., appellants,
v Dyker Emergency Physicians Service,
P.C., et al, respondents.
(Index No. 16004/02)

DECISION & ORDER ON MOTION

Motion by the respondents Dyker Emergency Physicians Service, P.C., and B. N. Nigam on an appeal from a judgment of the Supreme Court, Kings County, dated March 16, 2005, to strike stated portions of the appellants' brief and reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.

MILLER, J.P., GOLDSTEIN, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court