| Matter of Eirand-Herskowitz v Mt. Carmel Cemetery Associa |
| Motion No: 2010-04522 |
| Slip Opinion No: 2010 NY Slip Op 91992(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
M113226
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-04522 In the Matter of Debra Eirand-Herskowitz, petitioner-respondent, v Mt. Carmel Cemetery Association, respondent, Jean Herskowitz, et al., appellants. (Index No. 12952/09)
| DECISION & ORDER ON MOTION |
Motion by the petitioner-respondent on an appeal from an order of the Supreme Court, Queens County, dated April 23, 2010, to strike the appellants' reply brief and for an award of costs and an attorney's fee. Application by the appellants for leave to file a replacement reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike the appellants' reply brief is granted, and the reply brief is stricken; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is granted, and on or before January 7, 2011, the appellants shall serve and file a replacement reply brief.
DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court