Jose Colon and Michelle Colon v Val's Ocean Pacific Sea Food Inc. and Jason S. Gilbert

Motion No: M-1506

Slip Opinion No: 2017 NYSlipOp 73397(U)

Decided on May 11, 2017

Appellate Division, First 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.

May 11, 2017

Jose Colon and Michelle Colon,

Plaintiffs-Respondents,

v

Val's Ocean Pacific Sea Food, Inc. and

Jason S. Gilbert,

Defendants-Appellants.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about November 7, 2016, and said appeal having been perfected, And plaintiffs-respondents having moved to strike new material and arguments made in the defendants-appellants' brief, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied, without prejudice to addressing the issues in respondents' brief. ENTERED: May 11, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Ellen Gesmer,Justices

M-1506

Index No. 158976/15