| Matter of Quinn, deceased |
| Motion No: 2017-09938 |
| Slip Opinion No: 2018 NY Slip Op 70404(U) |
| Decided on April 24, 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
M249090
E/sl
CHERYL E. CHAMBERS, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.
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2017-09938 In the Matter of John D. Quinn, deceased. Stanley Cohen, petitioner-appellant; Five Towns College, objectant-respondent. (File No. 894/2016)
| DECISION & ORDER ON MOTION |
Motion by the objectant-respondent to strike stated portions of the petitioner-appellant's brief on an appeal from an order of the Surrogate's Court, Suffolk County, dated September 14, 2017, on the ground that they improperly raise issues, facts, and theories for the first time on appeal, and for an award of costs and an attorney's fee.
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.
CHAMBERS, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court