| Simone v Homecheck Real Estate Services, Inc. |
| Motion No: 2006-04243 |
| Slip Opinion No: 2007 NYSlipOp 62684(U) |
| Decided on February 7, 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. |
Appellate Division: Second Judicial Department
M50548
E/sl
FRED T. SANTUCCI, J.P.
GLORIA GOLDSTEIN
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2006-04243 Peter Simone, plaintiff-respondent, Heidi Simone, plaintiff, v Homecheck Real Estate Services, Inc., et al., defendants- respondents, Margaret Cleary, et al., appellants. (Index No. 05-2942)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-respondent, inter alia, to strike Point II of the appellants' reply brief on an appeal from an order of the Supreme Court, Westchester County, dated March 30, 2006, on the ground that it raises an issue 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 branch of the motion which is to strike Point II of the appellants' reply brief is granted; and it is further,
ORDERED that on or before February 22, 2007, the appellants shall either delete or remove that material from the copies of the appellants' reply brief on file with the Clerk of this court or serve and file a replacement reply brief that does not contain the stricken material; and it is further,
ORDERED that the motion is otherwise denied.
SANTUCCI, J.P., GOLDSTEIN, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court