Osborne v Merchant Square Dental PLLC
Motion No: 2022-07154
Slip Opinion No: 2024 NY Slip Op 77787(U)
Decided on November 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300451

KS/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2022-07154

Sage Miranda Osborne, appellant, v Merchant

Square Dental PLLC, et al., respondents.

(Index No. 8894/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated August 8, 2022. Motion by the respondents to strike stated portions of the reply brief on the grounds that they refer to matter dehors the record and improperly raise arguments for the first time in 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 appeal for determination upon the argument or submission thereof.

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court