Apergis v Narragansett Bay Insurance Company
Motion No: 2020-06994
Slip Opinion No: 2021 NY Slip Op 75616(U)
Decided on December 8, 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

M280440

AFA/

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

ANGELA G. IANNACCI

WILLIAM G. FORD, JJ.

2020-06994

Ioanna Apergis, et al., appellants,

v Narragansett Bay Insurance Company,

respondent.

(Index No. 615194/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated August 12, 2020. Motion by the respondent to strike the reply brief on the ground that it improperly raises arguments for the first time in reply or, in the alternative, for leave to 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 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 branch of the motion which is for leave to file a sur-reply brief is denied.

RIVERA, J.P., MALTESE, IANNACCI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court