Appellate Division: Second Judicial Department

M43765

C/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-01082 Edward A. Griggs, Jr., appellant-respondent, v Paulette C. Griggs, respondent-appellant. (Appeal No. 1) 2006-01084, 2006-01085 Edward A. Griggs, Jr., appellant, v Paulette C. Griggs, respondent. (Appeal Nos. 2 and 3) (Index No. 03-19664)

DECISION & ORDER ON MOTION

Motion by Edward A. Griggs, Jr., on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, dated December 12, 2005 (Appellate Division Docket No. 2006-01082), and appeals from (1) a judgment of the same court dated March 16, 2005 (Appellate Division Docket No. 2006-01085), and (2) findings of fact and conclusions of law of the same court dated December 12, 2005 (Appellate Division Docket No. 2006-01084), inter alia, to strike the brief of Paulette C. Griggs on the ground that the brief refers to matter dehors the record. Cross motion by Paulette C. Griggs, inter alia, for leave to enlarge the record to include her affidavit dated August 10, 2006. Application by Edward A. Griggs, Jr., to enlarge the time to serve and file his reply brief.

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

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

ORDERED that the branch of the motion which is to strike the brief of Paulette C. Griggs is denied on condition that on or before September 15, 2006, Paulette C. Griggs removes from all copies of her brief on file with this court the following material:

(1) page 6, last full paragraph, the last sentence, beginning with the words "He re-married" and ending with the words "new wife,"

(2) page 6, the last sentence which continues on page 7, and the first full sentence of page 7, beginning with the words "While the Husband" and ending with the words "opposite is true,"

(3) page 7, the last sentence which continues on page 8, beginning with the words "Yet, the Husband" and ending with the words "stay before this Court,"

(4) page 8, the entire footnote 2, beginning with the words "The Court can take judicial notice" and ending with the words "against the Husband,"

(5) page 15, footnote 4, part of the second sentence and the entire third sentence, beginning with the words "and to this day" and ending with the words "to the present,"

(6) page 19, the entire footnote 5, beginning with the words "The ink" and ending with the words "on his part," and

(7) page 40, first full paragraph, last sentence, the words "and recent purchase of an expensive home,"

and it is further,

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

ORDERED that the application is granted, the time of Edward A. Griggs, Jr., to serve and file a reply brief is enlarged until October 16, 2006, and that reply brief must be served and filed on or before that date.

MASTRO, J.P., SKELOS, FISHER and DILLON, JJ., concur.