Opinion
May 7, 2001.
Motion by the defendants on appeals from an order of the Supreme Court, Nassau County, dated December 18, 1999, and a judgment of the same court, entered January 26, 2000, inter alia, to strike the appendix and brief filed by the third-party defendant on the ground that it raises or refers to issues which are not properly before this court. By decision and order on motion of this court dated October 26, 2000, that branch of the motion which was to strike the appendix and brief filed by the third-party defendant was held in abeyance and referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
Before: KRAUSMAN, J.P., H. MILLER, SCHMIDT and CRANE, JJ.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the branch of the motion which is to strike the appendix and brief filed by the third-party defendant is denied as academic in light of our determination of the appeal.