Gonzalez v TJM Construction Corp.
Motion No: 2010-01022
Slip Opinion No: 2010 NY Slip Op 81468(U)
Decided on September 3, 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

M107943

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-01022

Gilbert Gonzalez, appellant,

v TJM Construction Corp., et al., respondents

(and a third-party action).

(Index No. 25318/05)

DECISION & ORDER ON MOTION

Motion by the respondent TJM Construction Corp. on an appeal from an order of the Supreme Court, Kings County, December 17, 2009, to strike the entire or stated portions of the brief of PMS Construction Management Corp.

Upon the papers filed in support of the motion and the papers filed in opposition or in relation 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.

ANGIOLILLO, J.P., DICKERSON, ENG, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court