| Matter of Gez v Town of Greenburgh Zoning Board of Appeals |
| Motion No: 2024-00505 |
| Slip Opinion No: 2024 NY Slip Op 80184(U) |
| Decided on December 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
M301431
AFA/
MARK C. DILLON, J.P.
ROBERT J. MILLER
LILLIAN WAN
PHILLIP HOM, JJ.
|
2024-00505 In the Matter of Orly Gez, appellant, v Town of Greenburgh Zoning Board of Appeals, et al., respondents. (Index No. 61628/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated December 14, 2023. Motion by the respondents for leave to file a sur-reply brief or, in effect, to strike the reply brief on the ground that it improperly raises 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 branch of the motion which is for leave to file a sur-reply brief is denied; and it is further,
ORDERED that the branch of the motion which is, in effect, to strike the reply brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., MILLER, WAN and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court