| Noghrey v Town of Brookhaven |
| Motion No: 2006-05365 |
| Slip Opinion No: 2007 NYSlipOp 72297(U) |
| Decided on June 21, 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
M56257
E/nl
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 respondent-appellant for leave to reargue a 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 raises 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, which was determined by decision and order on motion of this court dated May 23, 2007.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to reargue is granted; and it is further,
ORDERED that, upon reargument, the decision and order on motion of this court dated May 23, 2007, is recalled and vacated, and the following decision and order on motion is substituted therefore:
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 raises 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 the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the reply brief of the respondent-appellant filed April 6, 2007, is stricken and on or before July 20, 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 July 20, 2007, the respondent-appellant shall pay the sum of $4,791.40 to the appellants-respondents, and shall file proof of payment with the Clerk of this court, or its cross appeal shall be dismissed.
SANTUCCI, J.P., COVELLO, CARNI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court