| Cannella v Spector |
| Motion No: 2016-08295 |
| Slip Opinion No: 2017 NY Slip Op 67836(U) |
| Decided on March 22, 2017 |
| 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
M228000
E/sl
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2016-08295 Robert Cannella, appellant, v Juval Spector, etc., et al., respondents.
(Index No. 5047/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike certain material on pages 3 through 5 of the appellant's reply brief on an appeal from an order of the Supreme Court, Nassau County, dated June 24, 2016. Cross motion by the appellant to strike certain material on page 23 of the respondents' brief on the grounds, inter alia, that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
BALKIN, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court