Opinion
2012-10123 Index No. 32414/11 M160131
07-31-2013
, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 5, 2012, on the ground that they refer to matter dehors the record. Cross motion by the appellant for the Court to take judicial notice of certain material.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court