| New York Telephone Company v Supervisor of Town of |
| Motion No: 2009-00264 |
| Slip Opinion No: 2009 NY Slip Op 72859(U) |
| Decided on May 20, 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. |
Appellate Division: Second Judicial Department
M86872
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2009-00264 New York Telephone Company, plaintiff, v Supervisor of Town of North Hempstead, et al., defendants third-party plaintiffs-appellants; County of Nassau, et al., third-party defendants- respondents. (Index No. 12192/98)
| DECISION & ORDER ON MOTION |
Motion by the defendants third-party plaintiffs-appellants, inter alia, to strike items C, D, E, and F from the addenda of the brief of the third-party defendants-respondents on an appeal from an order of the Supreme Court, Nassau County, entered December 1, 2008, for leave to file an oversized reply brief of 10,000 words, and to enlarge the time to serve and file a reply brief.
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 for leave to file an oversized reply brief of 10,000 words is denied without prejudice to making an application for this relief to the Clerk of the court pursuant to 22 NYCRR 670.10.3(e); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, and on or before June 9, 2009, the defendants third-party plaintiffs-appellants shall serve and file their reply brief, if any; and it is further,
ORDERED that the motion is otherwise denied.
FISHER, J.P., DILLON, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court