| Perkins v Small |
| Motion No: 2023-09179 |
| Slip Opinion No: 2024 NY Slip Op 78379(U) |
| Decided on November 15, 2024 |
| 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
M300729
KS/
BETSY BARROS, J.P.
LARA J. GENOVESI
JANICE A. TAYLOR
DONNA-MARIE E. GOLIA, JJ.
|
2023-09179 Karin Perkins, respondent, v Dayton Robert Small, et al., appellants. (Index No. 718536/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 30, 2023. Motion by the appellants to strike stated portions of the respondent's brief on the ground that they improperly raise issues for the first time on appeal.
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.
BARROS, J.P., GENOVESI, TAYLOR and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court