M.S. v County of Orange
Motion No: 2007-09165
Slip Opinion No: 2009 NYSlipOp 60670(U)
Decided on January 14, 2009
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

M81149

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2007-09165

M.S., etc., et al., respondents,

v County of Orange, appellant-respondent,

Barbara Horton, et al., respondents-appellants,

et al., defendant.

(Index No. 02-6063)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the respondents-appellants' reply brief on an appeal from a judgment of the Supreme Court, Orange County, entered August 31, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the first full paragraph, beginning with the words "The County moved," and footnote 2 on page 20 are stricken, and on or before January 29, 2009, the respondents-appellants shall delete or remove that material from the copies of the reply brief filed with the Clerk of the court.

SKELOS, J.P., DILLON, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court