| Rosenthal v Mammon |
| Motion No: 2017-05641 |
| Slip Opinion No: 2017 NY Slip Op 93046(U) |
| Decided on November 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
M241345
E/htr
L. PRISCILLA HALL, J.P.
JEFFREY A. COHEN
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2017-05641 Avi Rosenthal, respondent, v Efraim M. Mammon, appellant. (Index No. 2923/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's reply brief on an appeal from an order of the Supreme Court, Queens County, dated March 22, 2017, on the ground that it improperly raises issues for the first time on appeal, and to impose a sanction upon the respondent.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's reply brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court