| Matter of Doe v Suffolk County Department of Social Service |
| Motion No: 2006-00450 |
| Slip Opinion No: 2006 NYSlipOp 68478(U) |
| Decided on May 10, 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. |
Appellate Division: Second Judicial Department
M39443
T/sl
ROBERT W. SCHMIDT, J.P.
ROBERT A. SPOLZINO
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-00450 In the Matter of John Doe, appellant, v Suffolk County Department of Social Services, et al., respondents. (Index No. 18607-05)
| DECISION & ORDER ON MOTION |
Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated December 6, 2005, to strike the appellant's brief and portions of the record on the ground that they contain or refer to matters which are dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to hear and report on the issue of whether it considered the reply affirmation of Jerry L. Dasti, dated September 6, 2005, and the exhibit thereto, in determining the motion which resulted in the order which is the subject of the instant appeal, and the motion is held in abeyance in the interim. The Supreme Court, Suffolk County, shall file its report with all convenient speed.
SCHMIDT, J.P., SPOLZINO, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court