| Dowe v Dowe |
| Motion No: 2021-00735 |
| Slip Opinion No: 2022 NY Slip Op 64260(U) |
| Decided on April 8, 2022 |
| 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
M282351
MB/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
JOSEPH A. ZAYAS
DEBORAH A. DOWLING, JJ.
|
2021-00735 David Dowe, appellant, v Daniel W. Dowe, et al., defendants, Frederick G. Perkins III, respondent. (Index No. 53327/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated December 21, 2020. Motion by the respondent to strike the appellant's 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 appellant's 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.
BRATHWAITE NELSON, J.P., MILLER, ZAYAS and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court