| Caldwell v Communications Specialists, Inc. |
| Motion No: 2009-04955 |
| Slip Opinion No: 2010 NY Slip Op 86517(U) |
| Decided on October 28, 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
M110351
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2009-04955, 2009-06262
Bessie Caldwell, et al., appellants, v Communications Specialists, Inc., et al., respondents. (Index No. 07-1404)
| DECISION & ORDER ON MOTION |
Motion by Communications Specialists, Inc., on appeals from a judgment and a final judgment of the Supreme Court, Westchester County, dated April 13, 2009, and May 18, 2009, respectively, to strike the preliminary statement, Point I, and the last paragraph on page 16, the entire page 17 and the first paragraph on page 18 from the appellant's reply brief, 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 preliminary statement, Point I, the last paragraph on page 16, the entire page 17 and the first paragraph on page 18 from the appellants' 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 motion is otherwise denied.
MASTRO, J.P., BALKIN, ENG and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court