Palmieri v Town of Babylon
Motion No: 2013-09563
Slip Opinion No: 2015 NY Slip Op 89331(U)
Decided on October 30, 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

M200890

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2013-09563

Paul Palmieri, appellant, v Town of

Babylon, et al., respondents.

(Index No. 37542/09)

DECISION & ORDER ON MOTION

Motion by the respondents, inter alia, to strike Point IV of the appellant's reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, dated August 8, 2013.

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 Point IV of the reply 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 motion is otherwise denied.

BALKIN, J.P., HALL, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court