Opinion
Motion No: 2011-04376 Index No. 08-10067 M134145
03-01-2012
Susan Stassa, respondent, v. George Stassa, appellant.
, J.P.
MARK C. DILLON
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered April 5, 2011, and to strike Point I of the respondent's brief on the ground that it improperly raises an issue 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 branch of the motion which is to stay the trial is denied; and it is further,
ORDERED that the branch of the motion which is to strike Point I of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
SKELOS, J.P., DILLON, ENG and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court