Presbytery of Hudson River of Presbyterian Church v Trust
Motion No: 2008-04618
Slip Opinion No: 2009 NYSlipOp 63529(U)
Decided on February 13, 2009
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

M82333

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-04618

Presbytery of Hudson River of Presbyterian

Church, etc., et al., appellants, v Trustees of

First Presbyterian Church and Congregation

of Ridgeberry, etc., et al., respondents.

(Index No. 05-6144)

DECISION & ORDER ON MOTION

Motion by the appellants to strike stated portions of the respondents' brief on an appeal from a judgment of the Supreme Court, Orange County, dated October 31, 2006, 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 referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court