| Waldorf v Maher |
| Motion No: 2021-01709 |
| Slip Opinion No: 2023 NY Slip Op 61930(U) |
| Decided on February 10, 2023 |
| 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
M287340
AFA/
VALERIE BRATHWAITE NELSON, J.P.
ANGELA G. IANNACCI
WILLIAM G. FORD
HELEN VOUTSINAS, JJ.
|
2021-01709 William Waldorf, et al., plaintiffs-respondents, v Daniel F. Maher, etc., et al., defendants-respondent Estate of Helyn Q. Waldorf, etc., nonparty-appellant. (Index No. 63204/2014)
| DECISION & ORDER ON MOTION s; |
Appeal from an order of the Supreme Court, Suffolk County, dated February 17, 2021. Motion by the plaintiffs-respondents to strike the reply brief on the grounds that it was untimely filed and improperly raises arguments for the first time on reply.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike the reply brief on the ground that it was untimely filed is denied; and it is further,
ORDERED that the branch of the motion which is to strike the reply brief on the ground that it improperly raises arguments for the first time on reply is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
BRATHWAITE NELSON, J.P., IANNACCI, FORD and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court