| Duke v Town of Riverhead |
| Motion No: 2009-08777 |
| Slip Opinion No: 2010 NY Slip Op 67504(U) |
| Decided on April 5, 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
M100844
E/sl
HOWARD MILLER, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2009-08777 William Duke, et al., respondents, v Town of Riverhead, appellant, et al., defendant. (Index No. 11958-05)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike Point I of the appellant's reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated December 2, 2009, on the ground that it improperly raises 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.
MILLER, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court