| Specialized Realty Services, LLC v Town of Tuxedo |
| Motion No: 2009-07963 |
| Slip Opinion No: 2010 NY Slip Op 83426(U) |
| Decided on September 24, 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
M108793
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2009-07963 Specialized Realty Services, LLC, appellant, v Town of Tuxedo, etc., et al., respondents. (Index No. 07-9364)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the appellant's reply brief on an appeal from a judgment of the Supreme Court, Orange County, dated August 4, 2009, on the ground that the reply brief contains personal attacks against the respondents' attorneys, and to impose a sanction upon the appellant.
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 the appellant's reply brief is granted with leave to the appellant to serve and file a replacement reply brief on or before October 7, 2010; such brief shall not contain any personal references to the respondents' attorneys; and it is further,
ORDERED that no enlargement of time to serve and file the replacement reply brief shall be granted; and it is further,
ORDERED that the branch of the motion which is to impose a sanction upon the appellant is denied.
MASTRO, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court