Baldwin Route 6, LLC v Bernad Creations, Ltd.
Motion No: 2015-07266
Slip Opinion No: 2016 NY Slip Op 85703(U)
Decided on September 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M218187

E/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2015-07266

Baldwin Route 6, LLC, respondent,

v Bernad Creations, Ltd., appellant.

(Index No. 2503/14)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's brief and stated portions of the appellant's reply brief on an appeal from an order of the Supreme Court, Putnam County, dated June 16, 2015, on the ground that they improperly raise issues for the first time on appeal.

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., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court