| Aquila v Rubio |
| Motion No: 2016-05201 |
| Slip Opinion No: 2017 NY Slip Op 80592(U) |
| Decided on July 21, 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
M234700
E/afa
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.
|
2016-05201 Carmine Dell Aquila, respondent-appellant, v Thomas Rubio, etc., et al., appellants-respondents, et al., defendant. (Index No. 33561/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to enlarge the record on an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated May 2, 2016, to include an agreement entitled "option to purchase" dated March 4, 2013, and a decision of the Supreme Court, Suffolk County, dated July 15, 2015, or, in the alternative, for this Court to take judicial notice of the decision dated July 15, 2015. Cross motion by the appellants-respondents to strike stated portions of the respondent-appellant's answering brief and reply brief on the ground that they refer 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 and cross appeal for determination upon the argument or submission thereof.
BALKIN, J.P., MILLER, MALTESE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court