Appellate Division: Second Judicial Department

M207627

E/sl

THOMAS A. DICKERSON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-09486 Bala Hari Pillai, appellant, v Kathleen Pillai, respondent. (Index No. 20446/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated July 14, 2014, for leave to renew the branches of the respondent's prior motion which were to dismiss stated portions of the appeal, and for this Court to take judicial notice of an order of the same court dated June 10, 2015, to strike the respondent's brief and to direct the respondent to serve and file a replacement brief, and for an award of costs and an attorney's fee. By decision and order on motion of this Court dated January 21, 2016, the branches of the respondent's motion which were to dismiss stated portions of the appeal, and for this Court to take judicial notice of the order dated June 10, 2015, were held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof

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

ORDERED that the branch of the motion which is to strike the respondent's brief is held in abeyance and is 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court