Doscher v Doscher
Motion No: 2014-02441
Slip Opinion No: 2014 NY Slip Op 80208(U)
Decided on August 12, 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

M178218

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2014-02441

Susan Doscher, respondent,

v Jude Drew Doscher, appellant.

(Index No. 201489/03)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the appellant's brief, or stated portions thereof, on an appeal from an order of the Supreme Court, Nassau County, dated November 22, 2013, on the grounds, inter alia, that it refers 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motion which is strike Point VI of the appellant's brief is denied as academic as that portion of the brief has been withdrawn; and it is further,

ORDERED that the motion otherwise is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., LEVENTHAL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court