| Barry v Barry |
| Motion No: 2006-05863 |
| Slip Opinion No: 2007 NYSlipOp 74168(U) |
| Decided on July 24, 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. |
Appellate Division: Second Judicial Department
M57528
E/nl
DAVID S. RITTER, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2006-05863 Caroline Barry, respondent, v Kevin A. Barry, appellant. (Index No. 350060-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated May 3, 2006, on the ground that no appeal lies from an order entered upon the consent of the appealing party, in the alternative, to strike the record on appeal and appellant's brief, inter alia, on the ground that they contain or refer to matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and 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 branch of the motion which is to strike pages 138 through 153 of the record on appeal is held in abeyance and remitted to the Supreme Court, Suffolk County, to report on whether it considered those papers in determining the motions which resulted in the order dated May 3, 2006; and it is further,
ORDERED that the branch of the motion which is to strike pages 74 through 93 of the record on appeal is granted, those pages are stricken, and on or before August 7, 2007, the appellants shall remove those pages from all copies of the record on appeal on file with the Clerk of this court and replace those pages with unannoted copies of the material on those pages or serve and file a supplemental record on appeal that contains unannoted copies of the material on those pages; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is held in abeyance pending receipt of the report of the Supreme Court, Suffolk County; and it is further,
ORDERED that the motion is otherwise denied.
RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court