Shmeria, LLC v Sea Gate Association
Motion No: 2020-06273
Slip Opinion No: 2022 NY Slip Op 68176(U)
Decided on July 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M283753

MB/

FRANCESCA E. CONNOLLY, J.P.

REINALDO E. RIVERA

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2020-06273, 2021-03350

Shmeria, LLC, appellant-respondent,

v Sea Gate Association, respondent-appellant.

(Index No. 507075/2017)

DECISION & ORDER ON MOTION

Appeals and cross appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 29, 2020, and an order of the same court dated April 21, 2021. Motion by the appellant-respondent to strike stated portions of the respondent-appellant's reply brief, inter alia, on the ground that those portions contain improper sur-reply.

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 appeals and cross appeals for determination upon the argument or submission thereof.

CONNOLLY, J.P., RIVERA, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court