| Matter of Cusimano v Berita Realty, LLC |
| Motion No: 2011-03977 |
| Slip Opinion No: 2012 NY Slip Op 88531(U) |
| Decided on October 23, 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
M145335
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
ANITA R. FLORIO
THOMAS A. DICKERSON, JJ.
|
2011-03977 In the Matter of Rita Cusimano, appellant, v Berita Realty, LLC, et al., respondents. (Index No. 13147/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent Bernadette Strianese on an appeal from an order of the Supreme Court, Nassau County, entered March 8, 2011, and to strike stated portions of the appellant's brief and the entire appellant's reply brief on the grounds that they raise issues not properly before this Court and refer to matter dehors the record, to impose a sanction upon the appellant, and for an award of an attorney's fee and costs.
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.
MASTRO, J.P., SKELOS, FLORIO and DICKERSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court