Academic Federal Credit Union v Duhe
Motion No: 2012-11545
Slip Opinion No: 2013 NY Slip Op 86581(U)
Decided on September 27, 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

M162871

E/ct

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-11545, 2013-01567

Academic Federal Credit Union, respondent,

v Joseph James Duhe, et al., appellants.

(Index No. 15694/07)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Westchester County, entered August 20, 2012, and dated December 13, 2012, respectively, to strike stated portions of the appellant's brief on the ground that they 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 appeals for determination upon the argument or submission thereof.

BALKIN, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court