| Moran Enterprises, Inc. v Hurst |
| Motion No: 2008-01917 |
| Slip Opinion No: 2009 NY Slip Op 87651(U) |
| Decided on November 2, 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
M87916
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-01917 Moran Enterprises, Inc., appellant, v Margaret Hurst, et al., respondents. (Index No. 4634/07)
| DECISION & ORDER ON MOTION |
Motion by the respondents Heath Berger and Steinberg, Fineo, Berger & Fishoff, P.C., on an appeal from an order of the Supreme Court, Nassau County, entered January 17, 2008, to strike Point III of the reply brief on the ground that the argument contained therein is improperly raised for the first time in the 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 granted to the extent that the first five paragraphs of Point III of the reply brief, beginning with the words "All Respondents" and ending with the words "still in effect" are stricken, and have not been considered in the determination of the appeal, and the motion is otherwise denied.
DILLON, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court