| Alizio v Perpignano |
| Motion No: 2011-03281 |
| Slip Opinion No: 2012 NY Slip Op 81482(U) |
| Decided on August 15, 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. |
Appellate Division: Second Judicial Department
M142163
E/sl
ANITA R. FLORIO, J.P.
RANDALL T. ENG
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2011-03281 Anthony Alizio, plaintiff-respondent-appellant, v Peter Robert Perpignano, et al., defendants-respondents-appellants, et al., defendants. (Action No. 1) P.J. Alizio Realty, Inc., plaintiff, v Lillian Eisenberg, etc., et al., respondents-appellants, Joseph Alizio, appellant-respondent. (Action No. 2) (Index Nos. 19181/03, 312/04)
| DECISION & ORDER ON MOTION |
Motion by Anthony Alizio on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated February 14, 2011, in effect, to dismiss stated portions of the appeal by the appellant-respondent on the ground that they have been rendered academic by an order of the same court dated March 16, 2012, and to strike stated portions of the appellant-respondent's brief on the ground that they refer to matter dehors the record or take judicial notice of a stipulation of the same court dated February 3, 2004.
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.
FLORIO, J.P., ENG, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court