| Noghrey v Town of Brookhaven |
| Motion No: 2006-05365 |
| Slip Opinion No: 2007 NYSlipOp 69998(U) |
| Decided on May 23, 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
M54912
E/sl
FRED T. SANTUCCI, J.P.
JOSEPH COVELLO
EDWARD D. CARNI
RUTH C. BALKIN, JJ.
|
2006-05365 Parviz Noghrey, respondent-appellant, v Town of Brookhaven, et al., appellants- respondents. (Index No. 18557-01)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered April 28, 2006, to strike the reply brief of the respondent-appellant on the ground that it rises issues not properly raised in a reply brief, and to direct the respondent-appellant to pay it the sum of $4,791.40, representing one half the cost of the joint record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the reply brief of the respondent-appellant is stricken and on or before May 31, 2007, the respondent-appellant shall serve and file a reply brief that only contains arguments relating to the cross appeal; and it is further,
ORDERED that on or before May 31, 2007, the respondent-appellant shall pay the sum of $4,791.40 to the respondent-appellant.
SANTUCCI, J.P., COVELLO, CARNI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court