Matter of Tonissen v Huntington U.F.S.D.
Motion No: 2009-10864
Slip Opinion No: 2010 NY Slip Op 73512(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M103720

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-10864

In the Matter of Veronica Tonissen, etc.,

et al., appellants, v Huntington U.F.S.D.,

respondent.

(Index No. 9873-09)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, entered October 13, 2009, to strike stated portions of the record on the ground that they contain 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