| 470 Manhattan Avenue, LLC v Barone |
| Motion No: 2016-03738 |
| Slip Opinion No: 2016 NY Slip Op 78800(U) |
| Decided on July 6, 2016 |
| 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
M214413
E/afa
THOMAS A. DICKERSON, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2016-03738 470 Manhattan Avenue, LLC, respondent, v Thomas Barone, et al., appellants. (Index No. 513947/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike the respondent's appendix and the respondent's brief on an appeal from an order of the Supreme Court, Kings County, dated March 30, 2016, on the ground that they contain or refer 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.
DICKERSON, J.P., MILLER, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court