| Mahon, Mahon, Kerins & O'Brien, LLC v Moskoff |
| Motion No: 2009-01452 |
| Slip Opinion No: 2011 NY Slip Op 60387(U) |
| Decided on January 6, 2011 |
| 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
M113407
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2009-01452 Mahon, Mahon, Kerins & O'Brien, LLC, plaintiff-respondent, v David Moskoff, etc., appellant, Malen & Assoc., P.C., et al., defendants-respondents. (Index No. 6751/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to file a replacement brief on an appeal from a judgment of the Supreme Court, Nassau County, entered January 16, 2009, raising the issue that Malen & Assoc., P.C., is not a respondent on the appeal, or in the alternative, to strike the brief of Malen & Assoc., P.C. on the ground that it is not a respondent on the appeal.
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 brief of Malen & Assoc., P.C., 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; and it is further,
ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is enlarged until January 21, 2011, and the reply brief must be served and filed on or before that date.
DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court