| Rose v Levine |
| Motion No: 2010-11131 |
| Slip Opinion No: 2011 NY Slip Op 90265(U) |
| Decided on November 21, 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
M128706
E/sl
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-11131 Steve Rose, appellant, v Julie H. Levine, et al., defendants, Robert Levine, respondent. (Index No. 05-14689)
| DECISION & ORDER ON MOTION |
Motion by the respondent pursuant to 22 NYCRR 130-1.1 and 670.2(h) to impose a sanction upon the appellant and his counsel, and for an award of costs, on the ground that an appeal from an order of the Supreme Court, Westchester County, dated October 26, 2010, is frivolous.
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., BELEN, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court