Randazzo v Nelson
Motion No: 2014-00015
Slip Opinion No: 2014 NY Slip Op 86238(U)
Decided on October 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

M181068

E/sl

RANDALL T. ENG, P.J.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-00015

Richard Randazzo, et al., appellants,

v Eric Nelson, respondent.

(Index No. 100237/13)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellants' reply brief on an appeal from an order of the Supreme Court, Richmond County, dated November 20, 2013, on the ground that they refer to matter dehors the record and improperly raise arguments for the first time in reply.

Upon the papers filed in support of the 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.

ENG, P.J., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court