Reilly v Richmond County Country Club
Motion No: 2009-10098
Slip Opinion No: 2010 NY Slip Op 77445(U)
Decided on July 21, 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

M105920

E/ct

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2009-10098

Rose Marie Reilly, et al., appellants-respondents,

v Richmond County Country Club, respondent-

appellant.

(Index No. 102479/08)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated September 21, 2009, to strike the appellants-respondents' reply brief on the ground that it contains and refers to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and on or before August 4, 2010, the appellants-respondents shall serve and file a replacement reply brief that does not contain or refer to the letter dated March 11, 2010.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court