| Matter of Talbot, deceased |
| Motion No: 2010-04067 |
| Slip Opinion No: 2011 NY Slip Op 62680(U) |
| Decided on January 28, 2011 |
| 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
M114651
E/sl
MARK C. DILLON, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-04067 In the Matter of Jo D. Talbot, deceased. Karen Cullin, appellant; James Spiess, respondent. (File No. 215/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's reply brief on an appeal from an order of the Surrogate's Court, Suffolk County, entered March 17, 2010, on the ground that it refers to matter dehors the record and improperly raises arguments for the first time in reply.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DILLON, J.P., ENG, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court