| Carver Federal Savings Bank v Supplice |
| Motion No: 2011-10880 |
| Slip Opinion No: 2013 NY Slip Op 75020(U) |
| Decided on May 28, 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. |
Appellate Division: Second Judicial Department
M157056
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
SYLVIA HINDS-RADIX, JJ.
|
2011-10880 Carver Federal Savings Bank, respondent, v Terrence Supplice, Jr., etc., appellant, et al., defendants. (Index No. 11947/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike stated portions of the respondent's brief on an appeal from an order of the Supreme Court, Queens County, dated August 18, 2011, on the ground that they refer to matter dehors the record or improperly raise arguments for the first time on appeal.
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., ROMAN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court