Matter of Gordon v NYS Division of Human Rights
Motion No: 2013-03558
Slip Opinion No: 2014 NY Slip Op 74570(U)
Decided on June 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M175221

E/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-03558

In the Matter of John H. Gordon, appellant

v NYS Division of Human Rights, et al.,

respondents.

(Index No. 4712/12)

DECISION & ORDER ON MOTION

,

Motion by the respondent Shop-Rite Supermarkets, Inc., inter alia, to strike stated portions of the appellant's reply brief on an appeal from an order of the Supreme Court, Westchester County, dated January 14, 2013, 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 branch of the motion which is to strike stated portions of the appellant's reply brief 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 motion is otherwise denied.

DICKERSON, J.P., LEVENTHAL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court