| Debcon Financial Services, Inc. v 83-17 Broadway Corp. |
| Motion No: 2011-07903 |
| Slip Opinion No: 2014 NY Slip Op 65653(U) |
| Decided on March 6, 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
M170477
E/sl
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2011-07903 Debcon Financial Services, Inc., plaintiff- respondent, v 83-17 Broadway Corp., et al., appellants, et al., defendants; Joseph Noormand, nonparty-respondent. (Index No. 21257/98)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent to strike the reply briefs on appeals from an order of the Supreme Court, Queens County, dated June 2, 2011, on the ground that they refer to matter dehors the record. Cross motion by the appellant Demetra Sirica to impose a sanction upon the nonparty-respondent and his counsel, and for an award of an attorney's fee, and for 10 additional minutes for oral argument.
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 is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the cross motion which is to impose a sanction upon the nonparty-respondent and his counsel, and for an award of an attorney's fee is denied; and it is further,
ORDERED that the branch of the cross motion which is for 10 additional minutes for oral argument is denied with leave to renew at oral argument.
RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court