| Matter of Kings Park 148, LLC v New York State Division of Housing and |
| Motion No: 2020-08340 |
| Slip Opinion No: 2021 NY Slip Op 72000(U) |
| Decided on September 20, 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
M279218
E/sl
HECTOR D. LASALLE, P.J.
REINALDO E. RIVERA
COLLEEN D. DUFFY
WILLIAM G. FORD, JJ.
|
2020-08340 In the Matter of Kings Park 148, LLC, respondent, v New York State Division of Housing and Commun Renewal, appellant. (Index No. 7058/2019)
| DECISION & ORDER ON MOTION ity |
Appeal from a judgment of the Supreme Court, Queens County, entered September 4, 2020. Motion by the respondent to strike the appellant's reply brief or Point II of the reply brief on the ground that "it is materially misleading," or, in the alternative, for leave to serve and file a sur-reply brief and for an award of costs and an attorney's fee.
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 or Point II of the 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.
LASALLE, P.J., RIVERA, DUFFY and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court