| Issokson-Silver v Lustbader |
| Motion No: 2017-02394 |
| Slip Opinion No: 2018 NY Slip Op 60351(U) |
| Decided on January 5, 2018 |
| 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
M243484
E/afa
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2017-02394 Karen Issokson-Silver, etc., plaintiff- respondent, v Ian Lustbader, et al., defendants, Kenneth Hymes, etc., et al., defendants-respondents, Gerald Bailey, etc., et al., appellants. (Index No. 58596/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike stated portions of the plaintiff-respondent's brief on an appeal from an order of the Supreme Court, Westchester County, dated February 14, 2017, on the ground that they refer to matter dehors the record.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court