Matter of S. (Anonymous), Jack
Motion No: 2009-07981
Slip Opinion No: 2011 NY Slip Op 70089(U)
Decided on April 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M118627

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2009-07981

In the Matter of Jack S. (Anonymous),

as temporary administrator of the estate

of Antoine S. (Anonymous), respondent.

Roger S. (Anonymous), appellant-respondent;

Jack S. (Anonymous), respondent-appellant;

Chuck S. (Anonymous), et al., respondents.

(Index No. 10324/05)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to strike stated portions of the appellant-respondent's reply brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 17, 2009, on the ground, inter alia, that it 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., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court