| Matter of Doman, deceased |
| Motion No: 2008-10295 |
| Slip Opinion No: 2009 NY Slip Op 77922(U) |
| Decided on July 14, 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. |
Appellate Division: Second Judicial Department
M89208
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2008-10295 In the Matter of Judith N. Doman, deceased. Cynthia Schneider, appellant; Alexander N. Doman, et al., respondents. (File No. 1029/06)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike stated portions on pages 8, 9, 24, 25, and 29 of the appellant's brief on an appeal from an order of the Surrogate's Court, Suffolk County, dated September 23, 2008, or in the alternative for leave to file a supplemental brief, and pursuant to 22 NYCRR 130-1.1 to impose a sanction upon the appellant.
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 strike stated portions on pages 8, 9, 24, 25, and 29 of the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branches of the motion which are for leave to file a supplemental brief and pursuant to 22 NYCRR 130-1.1 to impose a sanction upon the appellant are denied.
FLORIO, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court