| Degregorio v CPS Fee Company, LLC |
| Motion No: 2020-03685 |
| Slip Opinion No: 2021 NY Slip Op 67517(U) |
| Decided on June 11, 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
M277564
MB/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2020-03685 Joseph Degregorio, appellant, v CPS Fee Company, LLC, et al., respondents. (Index No. 502741/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated April 27, 2020. Motion by the respondent Empire Transit Mix, Inc., to strike the reply brief on the ground that it improperly raises arguments for the first time in the reply brief, or in the alternative, for an order determining that the arguments raised in the reply brief are not properly before the Court, and will not be considered in the determination of the appeal.
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.
DILLON, J.P., CHAMBERS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court