| Tung Wa Ma v New York City Transit Authority |
| Motion No: 2012-09295 |
| Slip Opinion No: 2013 NY Slip Op 71229(U) |
| Decided on April 19, 2013 |
| 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
M154946
E/nl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
JEFFREY A. COHEN, JJ.
|
2012-09295
Tung Wa Ma, etc., et al., respondents, v New York City Transit Authority, et al., appellants, et al., defendants. (Index No. 10471/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Queens County, entered October 12, 2012, on the ground that they refer to matter dehors the record 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 stated portions of 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, the appellants' time to serve and file a reply brief is enlarged until May 2, 2013, and the reply brief must be served and filed on or before that date.
RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court