| Cerro v 97 Port Richmond Avenue, LLC |
| Motion No: 2023-09961 |
| Slip Opinion No: 2025 NY Slip Op 62795(U) |
| Decided on February 14, 2025 |
| 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
M302826
AFA/
MARK C. DILLON, J.P.
PAUL WOOTEN
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2023-09961 Jose Cerro, appellant, v 97 Port Richmond Avenue, LLC, et al., respondents, et al., defendants (and a third-party action). (Index No. 152277/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated September 4, 2023. Motion by the respondents to strike stated portions of the reply brief on the ground that they improperly raise arguments for the first time in reply and 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.
DILLON, J.P., WOOTEN, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court