| Mele v Okubo |
| Motion No: 2005-07534 |
| Slip Opinion No: 2006 NYSlipOp 68656(U) |
| Decided on May 12, 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
M39558
Y/nal
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-07534
Loretta Mele, respondent, v Scott Okubo, appellant. (Index No. 29107/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 2005, to strike portions of the record and the appellant's brief on the ground that they contain matter dehors the record, and application for leave to file a reply to the opposition papers.
Upon the papers filed in support of the motion and application and the papers filed in opposition and relation thereto, it is
ORDERED that the motion is held in abeyance, and is referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal; and it is further,
ORDERED that the application is granted, and or before May 22, 2006, the respondent shall serve and file a reply to the opposition papers.
CRANE, J.P., MASTRO, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court