| Matter of Cherry Tower LLC v New York City Water Board |
| Motion No: 2022-08766 |
| Slip Opinion No: 2024 NY Slip Op 63950(U) |
| Decided on March 13, 2024 |
| 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
M294844
AFA/
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2022-08766 In the Matter of Cherry Tower LLC, respondent, v New York City Water Board, et al., appellants. (Index No. 709600/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated September 22, 2022. Motion by the respondent to strike stated portions of the appellants' reply brief on the ground that they refer to matter dehors the record.
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 appeal for determination upon the argument or submission thereof.
DUFFY, J.P., MILLER, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court