| Baron v Baron |
| Motion No: 2008-09080 |
| Slip Opinion No: 2009 NYSlipOp 68675(U) |
| Decided on April 3, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M84757
E/sl
HOWARD MILLER, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2008-09080 Wendy J. Baron, appellant, v Stephen A. Baron, respondent.
(Index No. 201384/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike stated portions of the appellant's brief on an appeal from a judgment of the Supreme Court, Nassau County, dated September 3, 2008, on the ground that it refers to matter dehors the record and to enlarge the time to serve and file a 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 following material from the appellant's brief is granted:
(1) page 34, in the second line, the words "or by quitclaim deed as the husband now proposes";
(2) page 34 in the second full paragraph, the words "until approximately December of 2007 when it was abandoned by the husband and the Company";
(3) page 35, the second and third complete sentences beginning with the words "Right now there is some doubt" and ending with the words "what the something else' was"; and
(4) page 71, in the first sentence of the second paragraph, beginning with the words "and Supreme Court" through the end of the sentence; and it is further,
ORDERED that on or before April 20, 2009, the appellant shall 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; 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 May 20, 2009, 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.
MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court