Sandpebble Builders, Inc. v Mansir
Motion No: 2009-10747
Slip Opinion No: 2010 NY Slip Op 84373(U)
Decided on October 7, 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

M109272

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-10747

Sandpebble Builders, Inc., appellant,

v Deborah Mansir, et al., respondents.

(Index No. 45949-08)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the appellant's reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated October 14, 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 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.

RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court