| County of Suffolk v All County Paving Corp. |
| Motion No: 2008-00734 |
| Slip Opinion No: 2008 NYSlipOp 88402(U) |
| Decided on November 6, 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
M78183
E/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
FRED T. SANTUCCI
EDWARD D. CARNI, 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 respondents Suffolk Asphalt Supply, Inc., and James Kenneth Haney to strike the appellant's reply brief 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. Cross motion by the appellant to disqualify counsel for the respondents Suffolk Asphalt Supply, Inc., and James Kenneth Haney.
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 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 cross motion is denied.
SKELOS, J.P., FISHER, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court