| Erickson v Cross Ready Mix, Inc. |
| Motion No: 2008-10020 |
| Slip Opinion No: 2010 NY Slip Op 63979(U) |
| Decided on February 23, 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. |
Appellate Division: Second Judicial Department
M99030
J/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2008-10020 Richard J. Erickson, respondent-appellant, v Cross Ready Mix, Inc., et al., respondents, Turner Construction Company, defendant third-party plaintiff respondent-appellant, Elite Ready Mix Corporation, defendant- appellant-respondent; Commodore Construction Corp., third-party defendant-respondent.
(Index No. 11947/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated September 22, 2008, to strike Point I of the reply brief of the respondent-appellant Richard J. Erickson, which was filed with this court on January 4, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is referred to the bench hearing the appeal and cross appeals for determination upon the argument or submission of the appeal and cross appeals.
RIVERA, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court