| Country Pointe at Dix Hills Home Owners Assoc., Inc. v |
| Motion No: 2008-09872 |
| Slip Opinion No: 2010 NY Slip Op 87739(U) |
| Decided on November 12, 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
M110866
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2008-09872, 2008-09874, 2008-09875, 2009-08553, 2009-08555, 2009-08556, 2009-08557 Country Pointe at Dix Hills Home Owners, Assoc., Inc., appellant-respondent, v Beechwood Organization, et al., respondents-appellants, et al., defendants. (Appeal No. 1) Country Pointe at Dix Hills Home Owners Assoc., Inc., appellant, v Beechwood Organization, et al., defendants, Alvin Benjamin, et al., respondents. (Appeal No. 2) Country Pointe at Dix Hills Home Owners Assoc., Inc., appellant, v Beechwood Organization, et al., defendants, S.B.J. Associates, LLC, et al., respondents. (Appeal No. 3) Country Pointe at Dix Hills Home Owners Assoc., Inc., appellant-respondent, v Beechwood Organization, et al., respondents-appellants, S.B.J. Associates, LLC, et al., respondents. (Appeal No. 4) Country Pointe at Dix Hills Home Owners Assoc., Inc., appellant, v Beechwood Organization, et al., respondents. (Appeal Nos. 5, 6, and 7) (Index No. 21545-05)
| DECISION & ORDER ON MOTION |
Motion by Country Pointe at Dix Hills Home Owners Assoc., Inc., on appeals and cross appeals from two orders of the Supreme Court, Suffolk County, dated September 4, 2008, and August 6, 2009, respectively (Appellate Division Docket Nos. 2008-09872 and 2009-08553), appeals from two orders of the same court both dated September 4, 2008 (Appellate Division Docket Nos. 2008-09874 and 2008-09875), and appeals from three orders of the same court all dated August 4, 2009 (Appellate Division Docket Nos. 2009-08555, 2009-08556, and 2009-08557), inter alia, to strike Point I of the brief and Point I of the reply brief filed by Beechwood Organization and others on the ground that it improperly raises arguments for the first time on appeal, and for leave to file certain letters as supplements to its brief.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court