| Shalik v Hewlett Associates, L.P. |
| Motion No: 2010-10653 |
| Slip Opinion No: 2011 NY Slip Op 79680(U) |
| Decided on August 2, 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
M123536
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2010-10653 Eugene Shalik, etc., et al., appellants, v Hewlett Associates, L.P., et al., respondents. (Index No. 10449/10)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the appellants' brief on an appeal from an order of the Supreme Court, Nassau County, entered September 23, 2010, on the ground that it raises arguments not properly before the Court and based on 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.
BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court