Matter of Riverhead PGC, LLC v Town of Riverhead
Motion No: 2008-11000
Slip Opinion No: 2010 NY Slip Op 62709(U)
Decided on February 4, 2010
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

M98180

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2008-11000

In the Matter of Riverhead PGC, LLC,

petitioner-respondent, v Town of Riverhead,

et al., appellants, Phil Cardinale, et al.,

respondents.

(Index No. 20504-07)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to strike the reply brief of the appellant Headriver, LLC, on an appeal from an order of the Supreme Court, Suffolk County, dated October 6, 2008.

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, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court