| Smulczeski v Smulczeski |
| Motion No: 2013-11037 |
| Slip Opinion No: 2014 NY Slip Op 91325(U) |
| Decided on December 1, 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
M183493
E/sl
RANDALL T. ENG, P.J.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2013-11037 Susan Smulczeski, appellant, v Richard Smulczeski, respondent. (Index No. 26989/00)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's brief on appeal from an order of the Supreme Court, Suffolk County, dated October 30, 2013, on the ground that it improperly raises arguments for the first time on appeal.
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., COHEN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court