| Century Surety Insurance Company v All In One Roofing, |
| Motion No: 2015-12457 |
| Slip Opinion No: 2016 NY Slip Op 88402(U) |
| Decided on October 14, 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
M219656
E/afa
RANDALL T. ENG, P.J.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2015-12457, 2016-01297, 2016-01720 Century Surety Insurance Company, appellant, v All In One Roofing, LLC, et al., respondents. (Index No. 57683/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent Zdeno Jadron to strike the appellant's brief on appeals from two orders of the Supreme Court, Westchester County, both dated December 10, 2015, and a judgment of the same court dated February 9, 2016, 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.
ENG, P.J., CHAMBERS, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court