Appellate Division: Second Judicial Department

M43855

A/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2005-09793 Louis Galanos, respondent, v Suzanne Galanos, appellant. (Index No. 5337/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Dutchess County, dated October 4, 2005, to strike portions of the respondent's brief, on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is granted, and on or before October 4, 2006, the respondent shall either (A) delete from the copies of his brief on file with this court the following: (1) the portion beginning on page 7 with the words "Appellant claimed at the recently concluded contempt hearing", up to and including the words "Appellant acknowledged did not occur"; (2) the portion beginning on page 7 with the words "Moreover, the lower recently concluded," up to and including the words "$500,000.00 payment" on page 8; (3) the paragraph on page 10 beginning with the words "In fact"; (4) the parenthetical on page 10 beginning with the words "albeit not proved"; (5) the sentence on line 2 of page 11 beginning with the words "As stated above"; (6) the sentence on page 12 beginning with the words "To date", and ending with the words "offer testimony"; and (7) the sentence on line 3 of page 20 beginning with the words "The recording of documents"; or, (B) serve and file a replacement brief which does not contain the above references.

SANTUCCI, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court