| St. Vincent's Hospital & Medical Center v New Jer |
| Motion No: 2010-05380 |
| Slip Opinion No: 2010 NY Slip Op 89798(U) |
| Decided on December 6, 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
M112092
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-05380 St. Vincent's Hospital & Medical Center, etc., appellant, v New Jersey Manufacturers Insurance Company, respondent. (Index No. 20143/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike Point I of the appellant's reply brief on an appeal from a judgment of the Supreme Court, Nassau County, entered April 23, 2010, on the ground, inter alia, that it improperly raises issues for the first time on appeal. Cross motion by the appellant to strike lines 11 through 19 of page 3 of the respondent's brief on the ground that they refer to matter dehors the record.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that motion and cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court