| Gargiulo v Gargiulo |
| Motion No: 2017-06823 |
| Slip Opinion No: 2019 NY Slip Op 71699(U) |
| Decided on June 3, 2019 |
| 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
M263199
E/mm
LEONARD B. AUSTIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2017-06823 Marie E. Gargiulo, appellant, v Joseph P. Gargiulo, respondent. (Index No. 5300/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the first three points of the appellant's reply brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered June 19, 2017, on the ground that they improperly raise issues for the first time in reply.
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.
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court