Spodek v Neiss
Motion No: 2011-06591
Slip Opinion No: 2012 NY Slip Op 80367(U)
Decided on August 2, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M141549

H/sl

THOMAS A. DICKERSON, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2011-06591

J. Leonard Spodek, etc., et al., appellants,

et al., plaintiff, v Charles Neiss, et al.,

respondents, et al., defendant.

(Index No. 32644/96)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to file an addendum to their brief on an appeal from an order of the Supreme Court, Nassau County, dated May 19, 2011. Cross motion by the appellants, in effect, to strike the respondents' brief and the addendum to the respondents' brief.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted, and on or before August 31, 2012, the respondents shall serve and file a replacement brief that does not include or refer to the addendum to the respondents' brief.

DICKERSON, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court