| Levine v Levine |
| Motion No: 2005-04724 |
| Slip Opinion No: 2006 NYSlipOp 66927(U) |
| Decided on April 13, 2006 |
| 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
M37934
C/sl
THOMAS A. ADAMS, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2005-04724 Julie Levine, appellant, v Robert Levine, respondent. (Index No. 9938/99)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an amended judgment of the Supreme Court, Westchester County, dated April 25, 2005, inter alia, to strike the appellant's appendix and direct the appellant to serve and file an appendix that complies with the rules of this court, to strike the appellant's brief to the extent that is cites or refers to documents in the appendix that were improperly included in the appendix, for attorney's fees and costs in connection with this motion, and to enlarge the time to serve and file a brief.
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 strike the appendix is granted to the extent that on or before May 15, 2006, the appellant shall (1) remove the following exhibits from the appendix: Exhibits 5, 7, 104, 131, 132, 165A, 165B, 174, 202, 348, 348A, 357, 358, 358, 359, 397, 436, 526, 527, and 528, and (2) remove the table of contents currently in the appendix and replace it with one that complies with 22 NYCRR 670.10.2(b)(3) and lists the material contained at pages A40 through A1811 of the appendix, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to strike the appellant's brief is granted the appellant's brief is stricken and on or before May 15, 2006, the appellant shall serve and file a replacement brief which does not refer to material dehors the record; and it is further
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted; the respondent shall serve and file a brief on or before June 16, 2006; and it is further,
ORDERED that the motion is otherwise denied.
ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court