Appellate Division: Second Judicial Department

M37887

E/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-07536 Jo-Anne Schlakman, respondent, v Geoffrey C. Schlakman, appellant. (Index No. 30540-01)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated July 7, 2005, to strike the record on appeal and the appellant's brief on the ground, inter alia, that they contain or refer to matter dehors the record. Separate motion by the appellant to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the respondent's motion is granted, the record on appeal, the appellant's brief, the respondent's brief, and the appellant's reply brief filed with the Clerk of this court are stricken, and on or before May 30, 2006, the appellant shall serve and file a replacement record or appendix on the appeal and brief that comply with the rules of this court (see 22 NYCRR 670.10.1; 670.10.2; 670.10.3) and contains or refers to only material submitted to the Supreme Court, Suffolk County, which resulted in the order appealed from.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court