Tung Wa Ma v. N.Y.C. Transit Auth.

Full title: Tung Wa Ma, etc., et al., respondents, v. New York City Transit Authority…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Apr 19, 2013

2013 N.Y. Slip Op. 71229 (N.Y. App. Div. 2013)

Opinion

2012-09295 Index No. 10471/08 M154946

04-19-2013

Tung Wa Ma, etc., et al., respondents, v. New York City Transit Authority, et al., appellants, et al., defendants.

REINALDO E. RIVERA

, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellants to strike stated portions of the respondents' brief on an appeal from an order of the Supreme Court, Queens County, entered October 12, 2012, on the ground that they refer to matter dehors the record and to enlarge the time to serve and file a reply brief.

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 to strike stated portions of the respondents' brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until May 2, 2013, and the reply brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court