Appellate Division: Second Judicial Department

M61228

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

THOMAS A. DICKERSON, JJ.

2006-10227 Joseph Peritore, respondent, v Petra Peritore, appellant. (Index No. 69/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Putnam County, dated October 4, 2006, to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record. Cross motion by the respondent to enlarge the record on appeal to include his 2002 Federal income tax return or, in the alternative, to take judicial notice of the respondent's 2002 Federal income tax return, and to strike stated portions of the appellant's reply brief.

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 motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the record on appeal to include the respondent's 2002 Federal income tax return is granted, and on or before November 1, 2007, the respondent shall serve and file a supplemental record containing that document; and it is further,

ORDERED that the cross motion is otherwise denied.

SPOLZINO, J.P., KRAUSMAN, GOLDSTEIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court