Appellate Division: Second Judicial Department

M83926

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-03755, 2008-03756 Gennady Gorelik, appellant, v Elena Gorelik, respondent. (Index No. 42856/92)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's appendix and stated portions of the respondent's brief on appeals from two orders of the Supreme Court, Kings County, dated March 3, 2008, and April 7, 2008, respectively, on the ground that they contain or refer to matter dehors the record, to strike the respondent's appendix on the ground that it contains a false certification, contains a certification not authorized by 22 NYCRR 670.10.2(f), and does not comply with 22 NYCRR 670.10.2(c), and to enlarge the time to serve and file his reply brief.

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

ORDERED that the branch of the motion which is to strike the respondent's appendix on the ground that it contains matter dehors the record is granted to the extent that pages RA1 through RA9, RA18 through RA20, RA27 through RA43, and RA55 through RA86 of the respondent's appendix are stricken; and it is further,

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 following material is stricken:

(1) the last sentence on page 4, beginning with the words "After Gennady's divorce" and ending on page 5 with the words "welfare of the children (RA1-9)"

(2) the last sentence on page 5 beginning with the words "On February 18, 2005," and ending on page 6 with the words "expenses (RA 18-20)"

(3) the third sentence of the first full paragraph on page 10 beginning with the words "Elena opposed" and ending with the words "not 94,500. (RA 55)"

(4) the third sentence of the second full paragraph on page 29 beginning with the words "To the contrary" and ending with the words "the court. (RA 41-42)"

(5) the second full sentence on page 30 beginning with the words "Gennady responded" and ending with the words "was moot. (RA 85)"

and it is further,

ORDERED that on or before April 7, 2009, the respondent shall (1) remove the stricken material from the copies of the respondent's appendix filed with the Clerk of the court or serve and file a replacement appendix that does not contain the stricken material and (2) remove the stricken material from the copies of the respondent's brief filed with the Clerk of the court or serve and file a replacement brief that does not refer to the stricken material; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until April 17, 2009, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court