| Grucci v Grucci |
| Motion No: 2017-05920 |
| Slip Opinion No: 2018 NY Slip Op 77463(U) |
| Decided on July 12, 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
M252404
E/mm
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2017-05920 Michael Grucci, appellant, v Christine Grucci, respondent. (Index No. 19632/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated April 7, 2017, pursuant to Matter of Aho (39 NY2d 241), or, in the alternative, to strike the appellant's reply brief 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 branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to strike the appellant's reply brief is granted and on or before August 13, 2018, the appellant shall serve and file a replacement appellant's reply brief, if any, that does not refer to the letter of Carlos J. Rivera, M.D.
MASTRO, J.P., ROMAN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court