| Matter of Larkin v White |
| Motion No: 2009-04924 |
| Slip Opinion No: 2009 NY Slip Op 92424(U) |
| Decided on December 23, 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
M96500
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-04924 In the Matter of Alyse Larkin, appellant, v Caleb White, respondent. (Proceeding No. 1) In the Matter of Caleb White, respondent, v Alyse Larkin, appellant. (Proceeding No. 2) (Docket Nos. V-9582-07, V-9760-07)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to strike the appellant's brief on an appeal from an order of the Family Court, Nassau County, dated April 14, 2009, on the ground that it refers to matter dehors the record and contains improper exhibits, 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 appellant's brief is granted, and on or before January 25, 2010, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record or contain exhibits; 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 denied as unnecessary; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court