| Salinas v 64 Jefferson Apartments, LLC |
| Motion No: 2016-11306 |
| Slip Opinion No: 2017 NY Slip Op 84209(U) |
| Decided on August 29, 2017 |
| 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
M236880
E/sl
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2016-11306 Jose Salinas, respondent-appellant, v 64 Jefferson Apartments, LLC, appellant-respondent. (Index No. 52216/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to strike Points III, IV, and V of the respondent-appellant's reply brief on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated September 23, 2016, on the ground that the material in those points contain improper sur-reply arguments.
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 and cross appeal for determination upon the argument or submission thereof.
LEVENTHAL, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court