Appellate Division: Second Judicial Department

M67437

E/nl

STEVEN W. FISHER, J.P.

DAVID S. RITTER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-03692 In the Matter of Lawrence Weinberg, respondent, v Katherine Weinberg, appellant. (Docket Nos. V-227-05, V-230-05)

DECISION & ORDER ON MOTION

Motion by the Law Guardian on an appeal from an order of the Family Court, Orange County, dated March 16, 2007, to strike portions of the respondent's brief that refer to statements made by the subject children during an in camera hearing, for leave to withdraw the Law Guardian's brief and to serve and file a replacement brief, to seal the minutes of the in camera hearing, to direct the parties to destroy all transcripts of the in camera hearing in their possession or require the parties to return those transcripts to this court, and to direct the attorneys to refrain from discussing the contents of the in camera hearing with their clients.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the respondent's brief is granted to the extent that the first and last paragraph on page 5 and the paragraph on page 6 that is a continuation of the last paragraph of page 5 of the respondent's brief are stricken and on or before March 26, 2008, the respondent shall either delete or remove the stricken material from the copies of the brief on file with the Clerk of this court or serve and file a replacement brief that does not contain the stricken material and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to withdraw the Law Guardian's brief and to serve and file a replacement brief is granted and on or before April 7, 2008, the Law Guardian shall serve and file a replacement brief that does not refer to the in camera hearing testimony; and it is further,

ORDERED that the branches of the motion which are to seal the minutes of the in camera hearing, to direct the parties to destroy all transcripts of the in camera hearing in their possession or require the parties to return those transcripts to this court, and to direct the attorneys to refrain from disclosing the contents of the in camera hearing to their clients are granted, the Clerk of the this court, or his designee, is directed to seal the minutes of the in camera hearing, which are filed with this court, the parties are directed to destroy all copies of the in camera hearing transcript that are in their possession, and attorneys are directed to refrain from discussing the contents of the in camera hearing with their clients.

FISHER, J.P., RITTER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court