Appellate Division: Second Judicial Department

M82570

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-04852, 2008-06012 Rhonda Samuel, respondent, v Steven B. Samuel, appellant. (Index No. 201466/06)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's brief on appeals from a judgment of the Supreme Court, Nassau County, entered November 7, 2007, and an order of the same court dated June 5, 2008.

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

ORDERED that the motion is granted and the following material is stricken from the appellant's brief:

(1) the last sentence of the second paragraph on page 2;

(2) footnote 2 on page 11;

(3) the parenthetical sentence that begins on the bottom of page 29 with the words "(As set forth" and ends on the top of page 30 with the words "of this Judgment.)"; and it is further,

ORDERED that on or before March 4, 2009, the appellant shall delete or remove the stricken material from the copies of the appellant's brief filed with the Clerk of the court or serve and file a replacement brief that does not contain the stricken material.

SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court