| Cdx Laboratories, Inc. v Zila, Inc. |
| Motion No: 2015-06163 |
| Slip Opinion No: 2017 NY Slip Op 93241(U) |
| Decided on November 24, 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
M241744
E/ct
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
|
2015-06163 CDx Laboratories, Inc., et al., appellants, v Zila, Inc., defendant, Henry Schein, Inc., respondent. (Index No. 30655/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's reply brief on an appeal from an order of the Supreme Court, Rockland County, dated May 21, 2015, on the ground that they improperly raise issues for the first time in reply or, in the alternative, for leave to serve and file a sur-reply brief.
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 stated portions of 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 branch of the motion which is for leave to serve and file a sur-reply brief is denied.
ENG, P.J., RIVERA, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court