| Kempf v Magida |
| Motion No: 2012-11015 |
| Slip Opinion No: 2013 NY Slip Op 87991(U) |
| Decided on October 10, 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
M163388
E/nl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2012-11015
Michael Kempf, et al., respondents, v Kenneth S. Magida, appellant. (Index No. 2643/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, entered October 9, 2012, to strike the respondents' brief, or stated portions of the respondents' 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 appeal for determination upon the argument or submission thereof.
SKELOS, J.P., DICKERSON, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court