| Welz v Welz |
| Motion No: 2009-02522 |
| Slip Opinion No: 2009 NY Slip Op 91103(U) |
| Decided on December 11, 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
M95259
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2009-02522 Louis Welz, appellant, v Judy Welz, respondent. (Index No. 10532/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, entered February 11, 2009, inter alia, to strike the record on appeal and the appellant's brief on the ground that they contain or refer to matter dehors the record.
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 record on appeal and the appellant's brief is granted and on or before January 11, 2010, the appellant shall serve and file a replacement record and brief that only contains and refers to material filed in connection with the order dated February 9, 2009, including a properly settled transcript, if the appellant choses to include a transcript in the record, and the motion is otherwise denied.
RIVERA, J.P., MILLER, DICKERSON and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court