| Belli v Paul Belli, LLC |
| Motion No: 2018-13639 |
| Slip Opinion No: 2020 NY Slip Op 66535(U) |
| Decided on May 26, 2020 |
| 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
M271021
kbp/
MARK C. DILLON, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2018-13639 Mark Belli, appellant, v Paul Belli, LLC, et al., respondents. (Index No. 9443/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent Paul Belli, LLC, to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 4, 2018, on the ground that the appellant's brief and the appellant's reply brief improperly raise issues for the first time on appeal and the appellant has abandoned arguments raised in opposition to the underlying motions, which were determined by the order dated September 4, 2018, or, in the alternative, to strike Point 1 of the appellant's brief and Point 1 of the appellant's reply brief.
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.
DILLON, J.P., COHEN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court