| County of Suffolk v All County Paving Corp. |
| Motion No: 2008-00734 |
| Slip Opinion No: 2008 NYSlipOp 84095(U) |
| Decided on September 26, 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
M76387
E/sl
FRED T. SANTUCCI, J.P.
MARK C. DILLON
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2008-00734, 2008-03588 County of Suffolk, appellant, v All County Paving Corp., et al., respondents. (Index No. 14177-06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the brief of the respondents Suffolk Asphalt Supply, Inc., and James Kenneth Haney on the ground, inter alia, that it contains issues not properly before this court on appeals from an order of the Supreme Court, Suffolk County, dated December 18, 2007, and a judgment of the same court entered April 9, 2008, and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the brief of the respondents Suffolk Asphalt Supply, Inc., and James Kenneth Haney is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the appellant's time to serve and file a reply brief is enlarged until October 6, 2008, and the reply brief must be served and filed on or before that date.
SANTUCCI, J.P., DILLON, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court