Cooper v Sleepy's, LLC
Motion No: 2012-10572
Slip Opinion No: 2014 NY Slip Op 66203(U)
Decided on March 12, 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

M170940

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2012-10572

Philip Cooper, et al., appellants,

v Sleepy's, LLC, respondent.

(Index No. 4781/10)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellants' reply brief on an appeal from an order of the Supreme Court, Nassau County, entered August 15, 2012, on the ground that they contain arguments improperly raised for the first time in a reply brief.

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

ORDERED that the motion is denied.

RIVERA, J.P., LOTT, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court