| Barker v Time Warner Cable, Inc. |
| Motion No: 2009-06893 |
| Slip Opinion No: 2010 NY Slip Op 91960(U) |
| Decided on December 27, 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
M113225
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2009-06893, 2010-03031 Robert Barker, appellant, v Time Warner Cable, Inc., et al., respondents. (Index No. 16438/08)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the appellant's reply brief on appeals from two orders of the Supreme Court, Nassau County, dated July 1, 2009, and February 22, 2010, respectively, on the grounds that it improperly raises issues for the first time in reply and that it contains bold type and type consisting of all capital letters in violation of 22 NYCRR 670.10.3(a), 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 on the ground that it improperly raises issues for the first time in reply 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.
DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court