| Gotlin v City of New York |
| Motion No: 2009-11496 |
| Slip Opinion No: 2011 NY Slip Op 73762(U) |
| Decided on May 25, 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
M120442
E/sl
MARK C. DILLON, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2009-11496, 2010-09516 Gary D. Gotlin, et al., respondents, v City of New York, et al., appellants. (Index No. 30151/08)
| DECISION & ORDER ON MOTION |
Motion by the respondents on appeals from two orders of the Supreme Court, Kings County, dated October 30, 2009, and August 18, 2010, respectively, to strike the appellants' reply brief on the ground that it improperly raises issues for the first time on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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.
DILLON, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court