| Rocky Point Drive-In, L.P. v Town of Brookhaven |
| Motion No: 2010-01714 |
| Slip Opinion No: 2011 NY Slip Op 91458(U) |
| Decided on December 5, 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
M129751
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2010-01714 Rocky Point Drive-In, L.P., respondent- appellant, v Town of Brookhaven, et al., appellants-respondents. (Index No. 30047-02)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to strike stated portions of the respondent-appellant's reply brief on an appeal and cross appeal from a judgment of the Supreme Court, Suffolk County, entered January 22, 2010, on the ground, inter alia, that it improperly raises arguments for the first time in reply.
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 held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof.
RIVERA, J.P., BALKIN, ENG and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court