Dash Windows of LI, Inc. v Bivona
Motion No: 2021-05002
Slip Opinion No: 2022 NY Slip Op 72328(U)
Decided on September 28, 2022
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

M285162

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

LILLIAN WAN, JJ.

2021-05002

Dash Windows of LI, Inc., appellant,

v Ann Elizabeth Bivona, respondent.

(Index No. 613033/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated June 23, 2021. Motion by the respondent to strike stated portions of the appellant's brief and record on the ground that they refer 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.

CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court