| Matter of Talbot, deceased |
| Motion No: 2013-00642 |
| Slip Opinion No: 2014 NY Slip Op 62194(U) |
| Decided on January 27, 2014 |
| 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
M168505
E/ct
CHERYL E. CHAMBERS, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-00642 In the Matter of Jo D. Talbot, deceased. Karen Cullin, appellant; James Speiss, etc., respondent. (File No. 215/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from a decree of the Surrogate's Court, Suffolk County, dated November 1, 2012, to strike Points XII, XIII, and XIV of the appellant's reply brief on the ground that those portions of the reply brief refer to matter dehors the record and/or improperly raise issues for the first time.
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.
CHAMBERS, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court