| Matter of Mazur Brothers Realty, LLC v State of New York |
| Motion No: 2009-01878 |
| Slip Opinion No: 2009 NY Slip Op 86193(U) |
| Decided on October 19, 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
M93221
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2009-01878 In the Matter of Mazur Brothers Realty, LLC, respondent-appellant, v State of New York, et al., appellants-respondents, et al., respondents. (Special Proceeding SP-120)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to strike all except Point V of the respondent-appellant s reply brief on an appeal from an order of the Court of Claims dated December 15, 2008, on the ground that it has improperly raised issues for the first time in reply.
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.
SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court