Daniel P. Malley - v Barbara J. Malley -.

Motion No: 503402

Slip Opinion No: 2008 NYSlipOp 64383(U)

Decided on February 14, 2008

Appellate Division, Third 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.

Decided and Entered: February 14, 2008

Case # 503402

DANIEL P. MALLEY, Appellant-Respondent, v BARBARA J. MALLEY, Respondent-Appellant.

DECISION AND ORDER ON MOTION

Motion for permission to proceed as a poor person.

Motion to strike plaintiff's supplemental record on appeal, amended table of contents, to strike and create a new scheduling memorandum, for costs and for further relief.

Cross motion to strike defendant's supplemental record on appeal.

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 for permission to proceed as a poor person is granted, without costs, only to the extent that the filing fees required by CPLR 8022 are waived, and it is further

ORDERED that the motion to strike plaintiff's supplemental record on appeal and amended table of contents is denied, without costs, and it is further

ORDERED that the cross motion to strike defendant's supplemental record on appeal is granted, without costs, and defendant shall file and serve a corrected supplemental record on appeal to include only the letter dated April 27, 2007 from defendant to Supreme Court. The other documents in defendant's supplemental record on appeal are not properly part of the record on appeal as they are either outside of the record on appeal or are included in plaintiff's record and supplemental record on appeal. It is noted that the record on appeal may only include papers that were before the court of original instance at the time the order was rendered, and it is further

ORDERED that the motion to strike and create a new scheduling memorandum is granted, without costs, to the extent that the appeal is removed from the February 2008 term of this Court and set down for the April 2008 term. Defendant's brief, which shall also contain the points of argument on her cross appeal and her supplemental record on appeal, shall be filed and served on or before February 29, 2008. The reply brief of plaintiff shall be filed and served on or before March 13, 2008. It is noted that no further extensions of time to file and serve defendant's brief and supplemental record on appeal will be granted, and it is further

ORDERED that the motion for costs and for further relief is denied, without costs.
CARDONA, PETERS, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court