New York University Hospital Rusk Institute v Governme
Motion No: 2006-06139
Slip Opinion No: 2007 NYSlipOp 61107(U)
Decided on January 12, 2007
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

M49323

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-06139

New York University Hospital Rusk Institute,

etc., et al., respondents, v Government Employees

Insurance Company, appellant.

(Index No. 3312/05)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Supreme Court, Nassau County, dated May 12, 2006, to strike Point III of the appellant's 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 panel of Justices hearing the appeal for determination upon the argument or submission thereof.

SPOLZINO, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court