| Bricker v Bricker |
| Motion No: 2008-10504 |
| Slip Opinion No: 2009 NY Slip Op 82830(U) |
| Decided on September 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
M91856
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
SHERI S. ROMAN, JJ.
|
2008-10504 Kim Bricker, respondent, v James Bricker, appellant. (Index No. 04-1255)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike paragraph III of Point I, Point II, and Point XVII of the appellant's reply brief on an appeal from a judgment of the Supreme Court, Rockland County, dated October 8, 2008, on the ground that those points refer to matter dehors the record or contain arguments improperly raised for the first time in the reply brief, and for an award of costs.
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.
SKELOS, J.P., COVELLO, ANGIOLILLO and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court