| Poplawski v Gross |
| Motion No: 2009-05700 |
| Slip Opinion No: 2010 NY Slip Op 87269(U) |
| Decided on November 8, 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
M110697
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2009-05700 Anna Poplawski, et al., appellants-respondents, v Beth R. Gross, etc., et al., respondents-appellants, Terry Rifkin, etc., et al., respondents. (Index No. 11088/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents, in effect, to strike Point I of the respondents-appellants' reply brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated April 30, 2009, on the ground that it constitutes improper sur-reply, and for an award of costs and an attorney's fee.
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, in effect, to strike Point I of the respondents-appellants' reply brief is granted, and on or before November 22, 2010, the respondents-appellants shall remove Point I from the copies of the reply brief filed with the Clerk of the Court; and it is further,
ORDERED that the branch of the motion which is for an award of costs and an attorney's fee is denied.
DILLON, J.P., DICKERSON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court