| Horrell v Horrell |
| Motion No: 2009-01318 |
| Slip Opinion No: 2010 NY Slip Op 66550(U) |
| Decided on March 25, 2010 |
| 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
M100203
E/sl
JOSEPH COVELLO, J.P.
ANITA R. FLORIO
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2009-01318 Neal David Horrell, appellant, v Wanda Jean Behrens Horrell, respondent. (Index No. 17142-06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated December 29, 2008, inter alia, to strike the respondent's replacement brief, or portions of the replacement brief, on the ground that it refers to matter dehors the record. Cross motion by the respondent pursuant to 22 NYCRR 130-1.1(c)(2) to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied.
COVELLO, J.P., FLORIO, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court