Lazaroff v Paraco Gas Corporation
Motion No: 2011-03760
Slip Opinion No: 2012 NY Slip Op 61583(U)
Decided on January 19, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M131872

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2011-03760

Peretz Lazaroff, etc., respondent,

v Paraco Gas Corporation, et al., appellants.

(Index No. 28633/09)

DECISION & ORDER ON MOTION

Motion by the appellant Porco Energy Corporation to strike stated portions of the respondent's brief on appeals from an order of the Supreme Court, Kings County, February 25, 2011, 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.

DILLON, J.P., LEVENTHAL, BELEN and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court