Matter of Bailenson v Board of Education of the Chappaqua Central Scho
Motion No: 2019-08292
Slip Opinion No: 2020 NY Slip Op 69430(U)
Decided on July 31, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272189

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2019-08292

In the Matter of Myrna Bailenson, et al., respondents,

v Board of Education of the Chappaqua Central

School District, et al., appellants.

(Index No. 70427/2018)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated May 20, 2019. Motion by the respondents to strike footnote 2 on page 5 of the appellants' 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 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, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court