Opinion
2011-10880 Index No. 11947/09 M157056
05-28-2013
Carver Federal Savings Bank, respondent, v. Terrence Supplice, Jr., etc., appellant, et al., defendants.
, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to strike stated portions of the respondent's brief on an appeal from an order of the Supreme Court, Queens County, dated August 18, 2011, on the ground that they refer to matter dehors the record or improperly raise arguments 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.
DILLON, J.P., ROMAN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court