| Matter of Swinson v Brewington |
| Motion No: 2009-09949 |
| Slip Opinion No: 2011 NY Slip Op 70090(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. |
Appellate Division: Second Judicial Department
M118662
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2009-09949 In the Matter of David R. Swinson, Sr., appellant, v Sherita Brewington, respondent. (Docket Nos. V-25760/09, V-26084/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike the appellant's reply brief on an appeal from an order of the Family Court, Kings County, dated October 26, 2009, on the ground 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 branch of the motion which is to strike the appellant's reply brief on the ground that it refers to matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
ANGIOLILLO, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court