Appellate Division: Second Judicial Department

M55413

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-05867 In the Matter of Grazyna Czaban, appellant, v Wladyslaw Czaban, respondent. (Docket No. O-2810/00)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike stated portions of the appellant's brief on an appeal from an order of the Family Court, Nassau County, dated May 30, 2006, on the ground that they refer to matter dehors the record. Cross motion by the appellant, inter alia, to enlarge the record on appeal to include certain exhibits from a related action.

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 stated portions of the appellant's brief is granted to the extent that the following material is stricken from the appellant's brief:

(1) the third, fourth, and fifth sentences of the first full paragraph on page two;

(2) the second and third full paragraphs on page four, including footnote two; and

(3) first and second full paragraphs of page five; and it is further,

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

ORDERED that on or before June 18, 2007, the appellant shall either delete or remove the above material from the copies of the brief on file with the Clerk of this court; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., FLORIO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court