Rzepniak v KRNH, Inc.
Motion No: 2008-10697
Slip Opinion No: 2009 NY Slip Op 74860(U)
Decided on June 11, 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

M87828

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-10697

Kazimierz Rzepniak, et al., respondents,

v KRNH, Inc., etc., et al., appellants.

(Index No. 704/08)

DECISION & ORDER ON MOTION

Motion by the respondents to strike Point III of the appellants' brief on an appeal from an order of the Supreme Court, Dutchess County, dated October 15, 2008, or, in the alternative, to take judicial notice of a certain order of the Supreme Court, Dutchess County. Separate motion by the appellants to stay the inquest in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motions are denied.

RIVERA, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court