Matter of Simpson v Ptaszynska
Motion No: 2005-09687
Slip Opinion No: 2007 NYSlipOp 62237(U)
Decided on January 31, 2007
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

M50240

E/sl

ROBERT W. SCHMIDT, J.P.

REINALDO E. RIVERA

FRED T. SANTUCCI

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 Law Guardian for the child on an appeal from an order of the Family Court, Kings County, dated September 13, 2005, 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 papers filed in opposition or relation thereto, it is

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

ORDERED that on the court's own motion, the Law Guardian's time and the respondent's time to serve and file a brief is enlarged until March 2, 2007, and the Law Guardian's brief and the respondent's brief must be served and filed on or before that date.

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

ENTER:

James Edward Pelzer

Clerk of the Court