| Matter of Duggan v Duggan |
| Motion No: 2010-06765 |
| Slip Opinion No: 2011 NY Slip Op 62830(U) |
| Decided on February 1, 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
M114688
E/sl/ct
MARK C. DILLON, J.P.
JOSEPH COVELLO
ANITA R. FLORIO
L. PRISCILLA HALL, JJ.
|
2010-06765 In the Matter of Elizabeth Duggan, respondent, v Thomas Duggan, appellant. (Docket No. F-7749-09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the respondent's brief on an appeal from an order of the Family Court, Nassau County, dated June 14, 2010, on the ground that it refers to matter dehors the record. Application by the respondent to adjourn the return date of the motion so that she may file supplemental opposition to the motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is denied; and it is further,
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., COVELLO, FLORIO and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court