| Derago v Ko |
| Motion No: 2015-05297 |
| Slip Opinion No: 2016 NY Slip Op 76627(U) |
| Decided on June 14, 2016 |
| 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
M213213
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2015-05297, 2015-10564 Margaret S. Derago, respondent, v Wilson Ko, appellant. (Index No. 5544/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's reply brief on appeals from two orders of the Supreme Court, Nassau County, dated April 16, 2015, and September 24, 2015, respectively, on the ground that they improperly raise issues for the first time in reply. Cross motion by the appellant for an award of costs and an attorney's fee
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
BALKIN, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court