Spreitzer v Spreitzer
Motion No: 2006-02770
Slip Opinion No: 2006 NYSlipOp 81322(U)
Decided on December 6, 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

M47787

E/sl

THOMAS A. ADAMS, J.P.

STEVEN W. FISHER

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-02770

Thomas J. Spreitzer, respondent,

v Barbara Spreitzer, appellant.

(Index No. 7309/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Orange County, dated January 26, 2006, inter alia, to strike from the original papers filed with the Clerk of this court a certain forensic report dated March 9, 2004, and a proposed order of the Family Court, Orange County, concerning custody and visitation. Cross motion by the respondent, inter alia, to strike Point IV of the appellant's main brief and Point III of the reply brief, on the ground that they raise issues that have been rendered academic.

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

ORDERED that the branch of the motion which is to strike from the original papers filed with the Clerk of this court a certain forensic report dated March 9, 2004, and a proposed order to the Family Court concerning custody and visitation is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

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

ORDERED that the branch of the cross motion which is to strike to strike Point IV of the appellant's main brief and Point III of the reply brief is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

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

ORDERED that on the court's own motion the Law Guardian's time to serve and file a brief is enlarged until December 22, 2006, and the Law Guardian's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court