| Graziano v Long Island Adventureland, Inc. |
| Motion No: 2020-05034 |
| Slip Opinion No: 2021 NY Slip Op 65631(U) |
| Decided on May 5, 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. |
Appellate Division: Second Judicial Department
M276972
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2020-05034 Anna Graziano, et al., respondents, v Long Island Adventureland, Inc., et al., appellants. (Index No. 612979/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, entered May 14, 2020. Motion by the appellants to strike Points II and III, on pages 23 through 30 of the respondents' brief, and all references in the respondents' brief to 12 NYCRR 45-2.13 and 45-2.17, on the ground that those portions refer to matter dehors the record, and to extend the time to serve and file a 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 Points II and III, on pages 23 through 30 of the respondents' brief, and all references in the respondents' brief to 12 NYCRR 45-2.13 and 45-2.17, 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 to extend the appellant's time to serve and file a reply brief is denied as academic as the reply brief was timely served and filed.
RIVERA, J.P., CHAMBERS, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court