| Popalardo v Marino |
| Motion No: 2010-07182 |
| Slip Opinion No: 2011 NY Slip Op 65339(U) |
| Decided on February 28, 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
M116221
E/sl
DANIEL D. ANGIOLILLO, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2010-07182 Evelyn Popalardo, respondent-appellant, v John Marino, etc., appellant-respondent. (Index No. 2933/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to strike the respondent-appellant's reply brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 18, 2010, on the ground that it improperly raises issues that were not raised in the appellant- respondent's reply brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that Point I of the respondent-appellant's reply brief is stricken, and on or before March 11, 2011, the respondent-appellant shall either remove Point I from the copies of the respondent-appellant's reply brief filed with the Clerk of the Court or serve and file a replacement reply brief that does not contain the stricken material, and the motion is otherwise denied.
ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court