| Cinquemani v Old Slip Associates, L.P. |
| Motion No: 2009-03198 |
| Slip Opinion No: 2010 NY Slip Op 71410(U) |
| Decided on May 13, 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
M102684
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2009-03198 Joseph Cinquemani, et al., plaintiffs, v Old Slip Associates, L.P., et al., defendants, Turner Construction, respondent, Belt Painting Corp., appellant. (Index No. 43371/98)
| DECISION & ORDER ON MOTION |
Motion by respondent to strike stated portions of the appellant's reply brief on an appeal from an order of the Supreme Court, Kings County, dated February 2, 2009, or for leave to file a sur-reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the appellant's reply brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is for leave to file a sur-reply brief is denied.
DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court