Appellate Division: Second Judicial Department

M249161

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2016-07586 Heleen Mees, appellant, v Willem H. Buiter, respondent. (Index No. 9579/14)

DECISION & ORDER ON MOTION

2018-02918

Heleen Mees, appellant,

v Willem H. Buiter, respondent.

(Index No. 9579/14)

Motion by the respondent to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Kings County, dated June 1, 2016, on the ground that they refer to matter dehors the record. Motion by the appellant to consolidate the appeal from the order dated June 1, 2016, with an appeal from an order of the same court dated February 23, 2018, in effect, to deem the appellant's appendix and briefs filed in connection with the appeal from the order dated June 1, 2016, to be filed in connection with the appeal from the order dated February 23, 2018, and for leave to serve and file a supplemental appendix and a supplemental brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the appellant's motion which is to consolidate the appeals is denied; and it is further,

ORDERED that the appellant's motion is otherwise denied as academic; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court