B&H Associates of NY, LLC, doing business as Prudential
Motion No: 2015-03027
Slip Opinion No: 2015 NY Slip Op 92065(U)
Decided on December 1, 2015
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

M202327

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2015-03027

B & H Associates of NY, LLC, doing business

as Prudential Douglas Elliman, appellant,

v Dennis Patrick Fairley, etc., et al., defendants,

Ana Fairley, respondent.

(Index No. 600904/12)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondent's brief on an appeal from an order of the Supreme Court, Nassau County, entered February 27, 2015, on the ground that it refers to matter dehors the record.

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.

DILLON, J.P., HALL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court