| Guryev v Tomchinsky |
| Motion No: 2010-04946 |
| Slip Opinion No: 2011 NY Slip Op 75409(U) |
| Decided on June 13, 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
M121439
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-04946 Aleksey Guryev, respondent-appellant, v Gregory Tomchinsky, et al., respondents, 200 Riverside Boulevard at Trump Place, et al., appellants-respondents. (Index No. 34070/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to strike stated portions of the respondent-appellant's reply brief on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated April 14, 2010, on the ground that they refer to matter dehors the record, or, in the alternative, to enlarge the record to include the transcript of the deposition of Yaakov Ziring.
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., FLORIO, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court