PRESENT: SCUDDER, P.J., MARTOCHE, SCONIERS, GREEN, AND GORSKI, JJ.

APPELLATE DIVISION DOCKET NO. CAF 09-01170
DOCKET NOS. V-01420-08/08A, V-01421-08/08A, V-01422-08/08A,
V-01423-08/08A, V-01424-08/08A

MATTER OF LAURA L. HORN, PETITIONER-APPELLANT, V JEFFREY H. HORN, RESPONDENT-RESPONDENT.

An appeal having been taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on February 23, 2009, and appellant having moved to strike stated portions of respondent's brief on the ground that they refer to matters dehors the record, and for an extension of time to file and serve a reply brief,

Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to February 17, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an order striking portions of respondent's brief is granted to the extent that all references in respondent's brief to the complaint in the parties' divorce action and to psychological evaluation reports are deemed stricken, and

It is further ORDERED that the motion insofar as it seeks an extension of time for appellant's reply brief is granted on condition that appellant submit ten copies of her reply brief to the Court, together with proof of service, on or before April 23, 2010, and the Clerk is directed to accept said briefs for filing.

Entered: April 8, 2010

PATRICIA L. MORGAN, Clerk