| Oppenheim v Oppenheim |
| Motion No: 2016-05365 |
| Slip Opinion No: 2017 NY Slip Op 88447(U) |
| Decided on October 10, 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
M239146
E/sl
RUTH C. BALKIN, J.P.
JOSEPH J. MALTESE
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2016-05365
Jeffrey Oppenheim, respondent, v Ann Oppenheim, appellant. (Index No. 598/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent, in effect, to strike certain material on page 17 of the reply brief on an appeal from a judgment of the Supreme Court, Rockland County, entered April 7, 2016, on the ground that the issue raised therein has been rendered academic or is improperly raised for the first time on appeal, and for an award of an attorney's fee and costs.
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.
BALKIN, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court