| 32nd Avenue, LLC v Angelo Holding Corp. |
| Motion No: 2010-01668 |
| Slip Opinion No: 2011 NY Slip Op 75339(U) |
| Decided on June 10, 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
M121373
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-01668 32nd Avenue, LLC, plaintiff-respondent, v Angelo Holding Corp., et al., defendants- respondents, Higgins Ave., LLC, et al., appellants (and a third-party action). (Index No. 473/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant Chinatrust Bank (USA) to strike the plaintiff-respondent's brief on appeals from an order of the Supreme Court, Queens County, dated January 6, 2010, 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 motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
SKELOS, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court