Istomin v Istomin
Motion No: 2013-09320
Slip Opinion No: 2014 NY Slip Op 89286(U)
Decided on November 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

M182542

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2013-09320, 2014-03600

Elena Istomin, respondent,

v Alexander Istomin, appellant.

(Index No. 200974/11)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief on appeals from two orders of the Supreme Court, Nassau County, dated August 14, 2013, and February 27, 2014, respectively, on the ground that it refers to matter dehors the record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the respondent's brief is stricken, and, on or before December 10, 2014, the respondent may serve and file a replacement brief that does not refer to matter dehors the record.

BALKIN, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court