Appellate Division: Second Judicial Department

M170457

S/sl

PETER B. SKELOS, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2012-11549 Sandy Mohamed Badawi, respondent, v Wael Mounir Alesawy, appellant. (Index No. 11-000408)

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, Westchester County, entered September 27, 2012, on the ground that they refer to matter dehors the record or, in the alternative, to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated November 4, 2013, the branch of the motion which is to strike stated portions of the appellant's brief was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. On January 31, 2014, the appellant filed a replacement brief.

Now, upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion so much of the decision and order on motion dated November 4, 2013, as referred the branch of the motion which is to strike stated portions of the appellant's brief to the panel of Justices hearing the appeal is recalled and vacated; and it is further,

ORDERED that the branch of the motion which is to strike portions of the appellant's brief is denied as academic.

SKELOS, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court