Matter of Simpson v Ptaszynska
Motion No: 2005-09687
Slip Opinion No: 2006 NYSlipOp 74175(U)
Decided on August 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M43508

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2005-09687

In the Matter of Richard R. Simpson, appellant,

v Beata Ptaszynska, respondent.

(Docket No. V-2772/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Family Court, Kings County, dated September 13, 2005, to be provided with certain additional minutes of the proceedings in the above-entitled matter, and cross motion by the Law Guardian for the child to strike the appellant's brief, inter alia, on the ground that it refers to matter dehors the record and raises issues that were not before the Family Court.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted, the appellant's brief is stricken, and on or before September 22, 2006, the appellant shall serve and file a new brief which only raises issues relating to the order dated September 13, 2005.

SCHMIDT, J.P., SANTUCCI, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court