| Matter of Shimon v Silberman |
| Motion No: 2010-01283 |
| Slip Opinion No: 2011 NY Slip Op 70610(U) |
| Decided on April 21, 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
M118961
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2010-01283, 2010-05789, 2010-05790 In the Matter of Cheskil Shimon, respondent, v Herman Silberman, etc., et al., appellants. (Index No. 1281/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike Point II of the appellants' reply brief on appeals from three orders of the Supreme Court, Kings County, dated December 21, 2009, May 13, 2010, and May 17, 2010, respectively, on the ground that it improperly raises arguments for the first time in reply.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
RIVERA, J.P., SKELOS, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court