Young v Quatela
Motion No: 2011-10706
Slip Opinion No: 2012 NY Slip Op 77859(U)
Decided on July 2, 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

M139924

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-10706

Raymond Young, appellant,

v Joseph Quatela, et al., respondents.

(Index No. 601658/09)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the record and the appellant's brief on an appeal from an order of the Supreme Court, Nassau County, entered October 21, 2011, on the ground that they contain or refer to matter dehors the record, or for this Court to consider a sur-reply affirmation dated September 28, 2011, attached as an exhibit to the motion papers.

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., SKELOS, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court