Scarpati v Kim
Motion No: 2013-02349
Slip Opinion No: 2014 NY Slip Op 65679(U)
Decided on March 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M170545

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-02349

Denise Scarpati, respondent-appellant,

v Helen H. Kim, etc., et al., respondents,

Staten Island University Hospital,

appellant-respondent, et al., defendant.

(Index No. 101118/08)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike stated portions of the respondent-appellant's reply brief on the ground that those portions contain improper sur-reply.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., BALKIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court