Matter of Koutrakos v Margiano
Motion No: 2010-09685
Slip Opinion No: 2011 NY Slip Op 73735(U)
Decided on May 24, 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

M120561

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2010-09685

In the Matter of Michelle Koutrakos,

appellant, v Richard D. Margiano, respondent.

(Docket No. D-11440-08)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondent's brief on an appeal from an order of the Family Court, Nassau County, dated August 18, 2010, on the ground that they refer to matter dehors the record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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., SKELOS, HALL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court