| Balsam v Fioriglio |
| Motion No: 2013-09444 |
| Slip Opinion No: 2014 NY Slip Op 84799(U) |
| Decided on September 29, 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
M180447
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2013-09444 Howard A. Balsam, respondent, v Patrick Fioriglio, appellant, et al., defendants. (Index No. 17453/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's reply brief on an appeal from a judgment of the Supreme Court, Kings County, dated January 6, 2014, on the ground that it refers to matter dehors the record, and to direct the appellant to file a replacement brief.
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 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.
RIVERA, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court