Appellate Division: Second Judicial Department

M74470

B/cb

PETER B. SKELOS, J.P.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2006-11381 Mark Albert, respondent, v Allison Albert, appellant. (Index No. 204156/00)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from a judgment of the Supreme Court, Nassau County, dated August 22, 2006, inter alia, in effect, to continue the appointment of the attorney for the children on this appeal, to strike the appellant's brief on the ground that it refers to matter dehors the record and does not contain references to the record, to strike the appellant's appendix as inadequate and on the ground that it contains matter dehors the record, for leave to file under seal certain confidential trial exhibits, including the report of the forensic psychologist, to direct the appellant to obtain from the attorney for the child and file with the Clerk of the court the two trial exhibits of the attorney for the child, and to enlarge the time to serve and file a brief. Application by the attorney for the children to be relieved and for the appointment of new counsel.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the application, it is

ORDERED that the branch of the motion which, in effect, to continue the appointment of the attorney for the children on this appeal, and the application by the attorney for the children to be relieved and for the appointment of new counsel are denied without prejudice to seeking this relief before the Supreme Court, Nassau County, on or before September 5, 2008; and it is further,

ORDERED that the branch of the motion which is to strike the appendix on the ground that it contains matter dehors the record is referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof, without prejudice to the respondent filing with this court the audiotape transcript that was prepared at the request of the hearing court on or before September 22, 2008; and it is further,

ORDERED that the branch of the motion which is for leave to file under seal certain confidential trial exhibits, including the report of the forensic psychologist is granted, on or before September 22, 2008, the respondent shall file the exhibits listed in Exhibit I annexed to the affirmation of Charles E. Holster III dated June 27, 2008, and those documents shall remain sealed when filed; and it is further

ORDERED that the branch of the motion which is to direct the appellant to obtain from the attorney for the child and file with the Clerk of the court the two trial exhibits of the attorney for the child is denied without prejudice to the respondent obtaining and filing those two exhibits on or before September 22, 2008; and it is further

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 22, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court