Westchester Medical Center, a/a/o Forthmuller v Progressi
Motion No: 2007-04177
Slip Opinion No: 2007 NYSlipOp 78492(U)
Decided on September 19, 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

M60018

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-04177

Westchester Medical Center, a/a/o Michael

Forthmuller, etc., appellant, v Progressive

Casualty Insurance Company, respondent.

(Index No. 010488/06)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondent's brief on an appeal from an order of the Supreme Court, Nassau County, dated April 5, 2007, on the ground that it contains scurrilous attacks on the appellant's counsel.

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 appeal for determination upon the argument or submission thereof.

SPOLZINO, J.P., KRAUSMAN, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court