Arcamone-Makinano v Britton Property, Inc.
Motion No: 2012-10376
Slip Opinion No: 2013 NY Slip Op 73060(U)
Decided on May 8, 2013
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

M155956

E/nl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2012-10376

Amelia Arcamone-Makinano, et al., appellants,

v Britton Property, Inc., et al., respondents.

(Index No. 32984/09)

DECISION & ORDER ON MOTION

Motion by the respondents to strike stated portions of the record and the appellants' brief on an appeal from an order of the Supreme Court, Queens County, dated August 6, 2012, on the ground that they contain or refer 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, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court