| Matter of Charles v County of Orange, New York |
| Motion No: 2016-05964 |
| Slip Opinion No: 2017 NY Slip Op 69496(U) |
| Decided on April 4, 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
M228729
E/afa
MARK C. DILLON, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-05964 In the Matter of Michelet Charles, appellant, v County of Orange, New York, respondent. (Index No. 246/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike stated portions of the appellant's reply brief on an appeal from an order of the Supreme Court, Orange County, dated April 20, 2016, on the ground that they refer to matter dehors the record and improperly raise issues for the first time on appeal, and for an award of costs. Cross motion by the appellant, inter alia, to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record and improperly raise issues for the first time on appeal, and for an award of costs
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.
DILLON, J.P., COHEN, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court