Sternberg-Kennedy v Kennedy
Motion No: 2017-10881
Slip Opinion No: 2018 NY Slip Op 72985(U)
Decided on May 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M250276

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2017-10881

Jeanette Sternberg-Kennedy, respondent,

v Douglas Kennedy, appellant.

(Index No. 52341/14)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County (IDV Part), dated September 15, 2017, to strike a stated portion of the brief filed by the attorney for the children on the ground that it refers to matter dehors the record.

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., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court