Nicholson v Keyspan Corp.
Motion No: 2007-10650
Slip Opinion No: 2008 NYSlipOp 90204(U)
Decided on November 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M79051

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2007-10650, 2007-11428

Robert V. Nicholson, etc., et al., appellants,

v Keyspan Corp., et al., respondents.

(Index No. 17458-06)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike stated portions of the appellants' reply brief on appeals from two orders of the Supreme Court, Suffolk County, dated September 28, 2007, and October 22, 2007, respectively.

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 first paragraph on page 22 of the appellants' reply brief is granted, and on or before December 12, 2008, the appellants shall delete or remove that material from the copies of the appellants' reply brief filed with the Clerk of the court and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court