| Matter of Barberan v Town of Eastchester |
| Motion No: 2022-06213 |
| Slip Opinion No: 2024 NY Slip Op 66413(U) |
| Decided on April 22, 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
M295918
AFA/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2022-06213 In the Matter of Anthony Barberan, appellant, v Town of Eastchester, respondent. (Index No. 57616/2022)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Westchester County, dated July 11, 2022. Motion by the respondent to strike the appellant's brief on the ground, inter alia, that it raises new arguments for the first time on appeal.
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., WOOTEN, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court