| Westchester Medical Center, a/a/o Rifene Durandiss v Alls |
| Motion No: 2007-03902 |
| Slip Opinion No: 2007 NYSlipOp 76935(U) |
| Decided on September 5, 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
M59235
S/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
EDWARD D. CARNI, JJ.
|
2007-03902 Westchester Medical Center, a/a/o Rifene Durandisse, appellant, v Allstate Insurance Company, respondent. (Index No. 008587/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant, on an appeal from an order of the Supreme Court, Nassau County, dated March 30, 2007, to strike the respondent's brief on the ground, in effect, that it raises arguments which were not raised before the Supreme Court, Nassau County.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is referred to the bench hearing the appeal for determination upon the argument or submission of the appeal.
CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court