| Egloff v Town of Lewisboro |
| Motion No: 2010-07106 |
| Slip Opinion No: 2011 NY Slip Op 76064(U) |
| Decided on June 20, 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
M121881
E/ct
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2010-07106 Richard M. Egloff, plaintiff, v Town of Lewisboro, et al., defendants, Wormser, Kiely, Galef & Jacobs, LLP, respondent; Danzig Fishman and Decea, nonparty-appellant. (Index No. 13865/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the nonparty-appellant's reply brief on an appeal from a judgment of the Supreme Court, Westchester County, entered June 15, 2010, on the grounds that, inter alia, it refers to matter dehors the record, and for an award of costs in the form of reimbursement for reasonable attorney's fees, resulting from the appellant's frivolous conduct pursuant to 22 NYCRR 130-1.1.
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.
SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court