Opinion
Motion No. 2021-01709 Index No. 63204/2014
02-10-2023
William Waldorf, et al., plaintiffs-respondents, v. Daniel F. Maher, etc., et al., defendants-respondent Estate of Helyn Q. Waldorf, etc., nonparty-appellant.
Unpublished Opinion
MOTION DECISION
VALERIE BRATHWAITE NELSON, J.P., ANGELA G. IANNACCI, WILLIAM G. FORD, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated February 17, 2021. Motion by the plaintiffs-respondents to strike the reply brief on the grounds that it was untimely filed and improperly raises arguments for the first time on reply.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike the reply brief on the ground that it was untimely filed is denied; and it is further, ORDERED that the branch of the motion which is to strike the reply brief on the ground that it improperly raises arguments for the first time on reply is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
BRATHWAITE NELSON, J.P., IANNACCI, FORD and VOUTSINAS, JJ., concur.