| Matter of Roberts, deceased |
| Motion No: 2005-05749 +1 |
| Slip Opinion No: 2006 NYSlipOp 72074(U) |
| Decided on July 14, 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
M42088
T/sl
ROBERT W. SCHMIDT, J.P.
WILLIAM F. MASTRO
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2005-05749, 2005-05750 In the Matter of Stephen M. Roberts, deceased. Alice Roberts, appellant; Nathan Borg, respondent. (File No. 312558)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Surrogate's Court, Nassau County, dated May 28, 2004, to strike specified portions of the appellant's reply brief on the ground that it refers to matter dehors the record.
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 Justices hearing the appeal for determination upon the argument or submission of the appeal.
SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court