| Koenig v Action Target, Inc. |
| Motion No: 2010-02034 |
| Slip Opinion No: 2010 NY Slip Op 73451(U) |
| Decided on June 4, 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
M103723
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2010-02034 Daniel Koenig, respondent, v Action Target, Inc., defendant, County of Suffolk, appellant. (Index No. 14104-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike stated portions of the respondent's brief on an appeal from an order of the Supreme Court, Suffolk County, dated January 25, 2010, on the ground that they refer to matter dehors the record.
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.
DILLON, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court