| Nowitz v Nowitz |
| Motion No: 2005-03476 |
| Slip Opinion No: 2006 NYSlipOp 73450(U) |
| Decided on July 31, 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
M42623
C/sl
ANITA R. FLORIO, J.P.
ROBERT A. SPOLZINO
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2005-03476 Estelle Nowitz, respondent, v David Nowitz, etc., appellant. (Index No. 25831/03)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a judgment of the Supreme Court, Queens County, dated January 12, 2005, to dismiss the appeal on the ground that the appellant's reply brief refers to matter dehors the record and raises issues that are not properly before this court, or in the alternative, to strike the appellant's reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to strike the appellant's reply brief is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court