| O'Brien v Town of Huntington |
| Motion No: 2008-04490 |
| Slip Opinion No: 2008 NYSlipOp 80552(U) |
| Decided on August 20, 2008 |
| 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
M74722
E/cb
WILLIAM F. MASTRO, J.P.
DAVID S. RITTER
FRED T. SANTUCCI
RUTH C. BALKIN, JJ.
|
2008-04490
Thomas E. O'Brien, et al., respondents, v Town of Huntington, et al., appellants. (Index No. 15166/81)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated April 7, 2008, to strike the respondents' brief or to strike stated portions of the respondents' brief and to enlarge the time to serve and file a reply brief, and for an award costs.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until September 2, 2008, and the reply brief must be served and filed on or before that date; and it is further,
ORDERED that the branches of the motion which are to strike the respondents' brief or to strike stated portions of the respondents', and for an award costs are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MASTRO, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court