| Sweeney v Sweeney |
| Motion No: 2009-02268 |
| Slip Opinion No: 2009 NY Slip Op 88532(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M94390
E/sl
STEVEN W. FISHER, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-02268, 2009-05326 Donald Sweeney, appellant-respondent, v Tina Beverly Sweeney, respondent-appellant. (Index No. 203057/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on appeals and cross appeals from an order of the Supreme Court, Nassau County, dated January 15, 2009, and a judgment of the same court entered May 5, 2009, to strike Points II, III, and IV, as well as pages 6 through 18 of the respondent-appellant's reply brief, or for leave to treat the affirmation filed in support of the motion as a surreply 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., ANGIOLILLO, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court