| 37 Park Drive South, Inc. v Duffy |
| Motion No: 2008-00283 |
| Slip Opinion No: 2008 NYSlipOp 87148(U) |
| Decided on October 24, 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
M77610
E/cb
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2008-00283 37 Park Drive South, Inc., respondent-appellant, v James Duffy, et al., appellants-respondents. (Index No. 04-16967)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, inter alia, to strike stated portions of the appellants-respondents' reply brief on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated January 2, 2008, on the ground that they refer to matter dehors the record or improperly raise arguments for the first time in reply.
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., FLORIO, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court