Appellate Division: Second Judicial Department

M75428

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-00789 Howard Nash, respondent, v Elizabeth Yablon, appellant. (Index No. 44784/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated January 24, 2008, to strike stated portions of the briefs of the respondent and the law guardian on the ground that they refer to matter dehors the record or, in the alternative, for leave to file a supplemental appendix and to enlarge the time to serve and file a reply brief.

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

ORDERED that the branch of the motion which is to strike stated portions of the briefs of the respondent and the law guardian on the ground that they refer to matter dehors the record or, in the alternative, for leave to file a supplemental appendix is granted to the extent that the material in the respondent's brief, starting on page 7, in the second paragraph, beginning with the words "As enumerated in my [a]ffidavit in [o]pposition" through the second paragraph on page 8, ending with the words "her court again" is stricken, and on or before September 24, 2008, the respondent shall delete or remove that material from the copies of the record filed with the Clerk of the court, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until September 24, 2008, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court