Matter of Larkin v White
Motion No: 2009-00143
Slip Opinion No: 2009 NY Slip Op 70281(U)
Decided on April 22, 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

M85602

E/cb

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2009-00143

In the Matter of Alyse Larkin, appellant,

v Caleb J. White, respondent.

(Proceeding No. 1)

In the Matter of Caleb J. White, respondent,

v Alyse Larkin, appellant.

(Proceeding No. 2)

(Docket Nos. V-9582/07, V-9760/07)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's reply brief on an appeal from an order of the Family Court, Nassau County, dated December 19, 2008, on the ground that it contains statement that are not supported by the record or to strike stated portions of 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 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 LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court