| Sapienza v Notaro |
| Motion No: 2016-13317 |
| Slip Opinion No: 2017 NY Slip Op 86515(U) |
| Decided on September 20, 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
M237913
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2016-13317 Richard Sapienza, Jr., respondent, v Philip Notaro, Jr., defendant, The Law Office of Michael A. Kofsky, PLLC, a New York professional service limited liability company, et al., appellants. (Index No. 700060/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellants' reply brief on an appeal from an order of the Supreme Court, Queens County, entered December 13, 2016, on the ground that it refers to matter dehors the record and improperly raises issues for the first time in reply, and for an award of costs and an attorney's fee.
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., ROMAN, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court