Legum v Russo
Motion No: 2014-05729
Slip Opinion No: 2015 NY Slip Op 61688(U)
Decided on January 21, 2015
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

M185924

E/ct

SHERI S. ROMAN, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2014-05729

Steven G. Legum, etc., appellant-respondent,

v Joe Russo, et al., respondents-appellants,

Robert Corley, respondent.

(Index No. 9204/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike Point I of the respondents-appellants' reply brief on an appeal from an order of the Supreme Court, Nassau County, dated January 9, 2014, on the ground that it improperly raises issues for the first time in 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.

ROMAN, J.P., SGROI, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court