Appellate Division: Second Judicial Department

M68292

E/sl

DAVID S. RITTER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2006-05150 In the Matter of Darius Danzy, appellant, v Tamika Jones-Moore, et al., respondents. (Docket Nos. V-1092-06, V-1093-06, V-1631-06, V-1632-06, V-1090-06, V-1091-06)

DECISION & ORDER ON MOTION

Motion by the respondents on an appeal from an order of the Family Court, Suffolk County, dated April 27, 2006, to strike the appellant's pro se brief or stated portions of the pro se brief on the ground that those portions refer to matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto,

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the court's own motion, the brief filed by the appellant's assigned counsel is stricken in light of the appellant's representation that he has chosen to proceed solely on his pro se brief, and the briefs filed by the respondents' and the attorney for the child are also stricken; and it is further,

ORDERED that the time of the respondents' and the attorney for the child to serve and file their briefs in response to the appellant's pro se brief is enlarged until May 2, 2008, and the briefs of the respondents' and the attorney for the child must be served and filed on or before that date.

RITTER, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court