Fischer v Sadov Realty Corporation
Motion No: 2005-10116
Slip Opinion No: 2006 NYSlipOp 64758(U)
Decided on March 8, 2006
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36828

E/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-10116

Gitel Fischer, plaintiff-respondent,

v Sadov Realty Corporation, et al., appellants,

Independence Community Bank, defendant-

respondent.

(Index No. 11448/04)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent on an appeal from an order of the Supreme Court, Kings County, dated April 21, 2005, to strike stated portions of the reply brief on the ground that it refers to matter dehors the record or raises new issues.

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 is referred to the panel of Justices hearing the appeal for determination upon the argument or submission of the appeal.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court