Campbell v Ditmas Park Rehabilitation & Care Center LLC
Motion No: 2019-12228
Slip Opinion No: 2021 NY Slip Op 60720(U)
Decided on January 22, 2021
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275106

MB/

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2019-12228

Robert Campbell, etc., appellant,

v Ditmas Park Rehabilitation & Care Center, LLC,

etc., et al., respondents, et al., defendants.

(Index No. 18924/2012)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, entered September 10, 2019. Motion by the respondent Elie Fteha to strike stated portions of the appellant's reply brief on the ground that they improperly raise arguments for the first time in reply.

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., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court