New York and Presbyterian Hospital, a/a/o Pun Lam v Co

New York and Presbyterian Hospital, a/a/o Pun Lam v Co

Motion No: 2006-09074 +1

Slip Opinion No: 2007 NYSlipOp 70515(U)

Decided on May 31, 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

M55215

E/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2006-09074, 2006-09980
New York and Presbyterian Hospital, a/a/o
Pun Lam, et al., respondents, v Countrywide
Insurance Company, appellant.
(Index No. 18609/05)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from an order and a judgment of the Supreme Court, Nassau County, entered June 30, 2006, and July 11, 2006, respectively, to strike page 18 through 20 of the appellant's brief on the ground that it improperly raises arguments for the first time on appeal.

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 referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

FLORIO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court