Mitchell Kahn et v David H. Levy et



Mitchell Kahn et v David H. Levy et
Motion No: 503890
Slip Opinion No: 2008 NYSlipOp 65790(U)
Decided on February 29, 2008
Appellate Division, Third 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.



Decided and Entered: February 29, 2008

Case # 503890


MITCHELL KAHN
et al.,Respondents,

v
DAVID H. LEVY, Appellant,

et al.,

Defendant.


DECISION AND ORDER
ON MOTION

Motion for a preference on the appeal.

Cross motion to strike portions of appellant's brief.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion for a preference is granted, without costs, and the appeal is set down for the April 2008 term of this Court. Respondents' brief shall be filed and served on or before March 31, 2008. The reply brief, if any, shall be filed and served on or before April 11, 2008, and it is further

ORDERED that the cross motion to strike portions of appellant's brief is denied, without costs.
CARDONA, P.J., MERCURE, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court