| Warshefskie v New York City Housing Authority |
| Motion No: 2013-03195 |
| Slip Opinion No: 2014 NY Slip Op 65549(U) |
| Decided on March 5, 2014 |
| 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
M170523
E/sl
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-03195 Paul Warshefskie, respondent-appellant, v New York City Transit Authority, appellant-respondent. (Index No. 101966/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to strike Point I of the respondent-appellant's reply brief on an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated January 17, 2013, on the ground that it contains improper sur-reply arguments.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, Point I of the respondent-appellant's reply brief is stricken, and on or before March 26, 2014, the respondent-appellant shall either remove the stricken material from the copies of the respondent-appellant's reply brief filed with the Clerk of the Court, or serve and file a replacement reply brief that does not contain the stricken material.
RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court