Matter of Oyster Bay Associates Limited Partnership v Town
Motion No: 2008-06006
Slip Opinion No: 2008 NYSlipOp 87678(U)
Decided on October 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M77822

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-06006

In the Matter of Oyster Bay Associates Limited

Partnership, et al., petitioners-respondents,

v Town Board of Town of Oyster Bay,

respondent-appellant; Birchwood Civic Association

at Jericho, Inc., et al., intervenors-appellants.

(Index No. 16830-01)

DECISION & ORDER ON MOTION

Motion by the petitioners-respondents to strike stated portions of the reply briefs on appeals from an order of the Supreme Court, Suffolk County, dated June 9, 2008.

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.

RIVERA, J.P., LIFSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court