Matter of Dubin, deceased
Motion No: 2007-05079
Slip Opinion No: 2008 NYSlipOp 69094(U)
Decided on April 14, 2008
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

M69004

E/cb

DAVID S. RITTER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2007-05079

In the Matter of Sylvia Dubin, deceased.

Susan Brooks, et al., respondents;

Joan Levine, appellant.

(File No. 33572)

DECISION & ORDER ON MOTION

Motion by the respondents to strike Point 1B of the appellant's reply brief on an appeal from an order of the Surrogate's Court, Nassau County, dated April 17, 2007.

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

RITTER, J.P., COVELLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court