| Matter of Kreischer v Perry |
| Motion No: 2010-07416 |
| Slip Opinion No: 2011 NY Slip Op 63710(U) |
| Decided on February 9, 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
M115329
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2010-07416 In the Matter of Michelle Kreischer, respondent, v David Perry, appellant. (Docket Nos. V-02754-10, V-06294-10)
| DECISION & ORDER ON MOTION |
Motion by the attorney for the child to strike the appellant's reply brief on an appeal from an order of the Family Court, Suffolk County, dated July 1, 2010, on the ground that it improperly raises arguments for the first time on appeal and refers 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.
RIVERA, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court