| Grucci v Grucci |
| Motion No: 2009-02431 |
| Slip Opinion No: 2010 NY Slip Op 88129(U) |
| Decided on November 17, 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
M111093
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-02431
Michael Grucci, appellant, v Christine Grucci, respondent. (Index No. 7422-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's appendix and reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered February 3, 2009, on the grounds that the appendix contains matter dehors the record and the reply brief improperly raises issues for the first time in that 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., FLORIO, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court