Matter of Brown v Board of Education of Mahopac Central S
Motion No: 2013-07557
Slip Opinion No: 2014 NY Slip Op 86409(U)
Decided on October 14, 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

M181069

E/ct

RANDALL T. ENG, P.J.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2013-07557, 2013-08119

In the Matter of Maura Ann Brown, respondent,

v Board of Education of Mahopac Central School

District, et al., appellants.

(Index No. 523/11)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the appellants' brief and reply brief on appeals from a judgment of the Supreme Court, Putnam County, dated June 17, 2013, and an order of the same court dated June 27, 2013, on the ground that they refer to matter dehors the record, fail to cite to the record on appeal, and raise issues not properly before the Court.

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 appellants' brief and 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court