Appellate Division: Second Judicial Department

M219437

J/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-08184 Yavonnie Stenson, as administrator of the estate of Fitzgerald Stenson, respondent, v Second Atlantic Terminal Housing Corporation, appellant. (Index No. 10685/12)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated July 24, 2014, inter alia, to strike the appellant's replacement brief on the ground that it improperly raises arguments for the first time on appeal. By decision and order on motion of this Court dated August 21, 2015, inter alia, the branch of the motion which was to strike the appellant's replacement brief was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. By decision and order on application of this Court dated September 23, 2016, the appellant's application to withdraw the appeal was granted.

Now, on the Court's own motion, it is

ORDERED that so much of the decision and order on motion dated August 21, 2015, as held in abeyance that branch of the motion which was to strike the appellant's replacement brief and referred that branch of the motion to the panel of Justices hearing the appeal for determination, is recalled and vacated; and it is further,

ORDERED that the branch of the motion which was to strike the appellant's replacement brief is denied as academic.

DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court