| Weiss v Metropolitan Suburban Bus Authority |
| Motion No: 2012-03643 |
| Slip Opinion No: 2012 NY Slip Op 82832(U) |
| Decided on August 29, 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. |
Appellate Division: Second Judicial Department
M142840
E/sl
THOMAS A. DICKERSON, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
LEONARD B. AUSTIN, JJ.
|
2012-03643 Sharon Weiss, et al., respondents, v Metropolitan Suburban Bus Authority, etc., et al., appellants. (Index No. 24693/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike the respondents' brief on an appeal from an order of the Supreme Court, Nassau County, entered January 31, 2012, on the ground that it "contains frivolous material" and to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the respondents' brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted and the reply brief shall be served and filed on or before September 10, 2012.
DICKERSON, J.P., LEVENTHAL, BELEN and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court