| Bellissimo v Mitchell |
| Motion No: 2012-10123 |
| Slip Opinion No: 2013 NY Slip Op 81066(U) |
| Decided on July 31, 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
M160131
E/ct
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2012-10123 Paul Bellissimo, appellant, v Teri Mitchell, respondent. (Index No. 32414/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 5, 2012, on the ground that they refer to matter dehors the record. Cross motion by the appellant for the Court to take judicial notice of certain material.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court