Hazell v Dranitzke
Motion No: 2006-10885
Slip Opinion No: 2007 NYSlipOp 78997(U)
Decided on September 25, 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

M59883

E/nl

STEPHEN G. CRANE, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2006-10885, 2006-11621

Catherine Hazell, etc., et al., appellants,

v Richard Dranitzke, etc., et al., respondents.

(Index No. 16909-03)

DECISION & ORDER ON MOTION

Motion by the respondent St. Charles Hospital and Rehabilitation Center to strike the appellants' reply brief on appeals from an order of the Supreme Court, Suffolk County, dated September 27, 2006, and a judgment of the same court entered November 9, 2006, on the ground that it improperly raises issues not raised in the Supreme Court or in the appellants' main brief.

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.

CRANE, J.P., LIFSON, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court