| Levitt v Levitt |
| Motion No: 2010-11834 |
| Slip Opinion No: 2011 NY Slip Op 75887(U) |
| Decided on June 16, 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
M121754
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-11834 Howard Levitt, appellant-respondent, v Helene Levitt, respondent-appellant. (Index No. 201985/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to strike Point II and part of Point IV of the brief of the respondent-appellant on an appeal and cross appeal from a judgment of the Supreme Court, Nassau County, entered December 8, 2010, on the ground that the issues raised in those points are outside the scope of the cross appeal, as limited by the notice of cross appeal.
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