| Matter of Berk, deceased |
| Motion No: 2008-08809 |
| Slip Opinion No: 2009 NY Slip Op 82860(U) |
| Decided on September 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. |
Appellate Division: Second Judicial Department
M91865
E/cb
HOWARD MILLER, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
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2008-08809, 2008-08811 DECISION & ORDER ON MOTION In the Matter of Irving Berk, deceased. Hua Wang, a/k/a Judy Wang, respondent- appellant; Joel Berk, et al., appellants- respondents.
(File No. 2488/06)
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Motion by the respondent-appellant to strike Point IIA of the appellants-respondents' reply brief on appeals and cross appeals from an order of the Surrogate's Court, Kings County, dated July 3, 2008, and a decree of the same court dated August 5, 2008, on the ground that it contains arguments improperly raised for the first time in the reply brief, or for leave to file a sur-reply brief.
Upon the papers filed in support of the 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.
MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court