Appellate Division: Second Judicial Department

M228290

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2016-01333, 2016-08142 Felix Glaubach, etc., respondent, v David Slifkin, et al., defendants, John L. Miscone, et al., appellants. (Index No. 702987/15)

DECISION & ORDER ON MOTION

Motion by the appellants to strike the respondent's appendix and portions of the respondent's brief that refer to the respondent's appendix on appeals from two orders of the Supreme Court, Queens County, entered January 4, 2016, and July 15, 2016, respectively, 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 matter is remitted to the Supreme Court, Queens County, to report on whether that court considered the reply papers filed by the respondent, including the reply affirmation of Edward H. Pomeranz dated September 1, 2015, and attached exhibits, in connection with the motion and cross motion that were determined in the order entered January 4, 2016; the Supreme Court, Queens County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion by the appellants is held in abeyance in the interim.

BALKIN, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court