Nestor v. Britt, 16 Misc. 3d 368 (2007)

Citation: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Parent Document: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Jurisdiction: New York (state)
Effective Date: 2007-04-23
Original Source: https://www.courtlistener.com/opinion/6308349/nestor-v-britt/ ↗

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After respondent had raised new arguments in his reply brief, petitioners requested an adjournment to serve surreply papers. On June 20, 2006, Judge Finkelstein granted the adjournment for petitioners to submit their surreply. Petitioners submitted their surreply a week later. Believing that petitioners’ surreply contained new additional arguments, respondent’s attorneys spent the July 4th weekend preparing respondent’s surreply. On July 5, 2006, the parties appeared for oral argument before the Honorable John S. Lansden, who was covering for Judge Finkelstein that day. When respondent tried to submit his surreply papers, Judge Lansden rejected them because Judge Finkelstein’s June 2006 order permitted only petitioners, not respondent, to submit a surreply.

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