Appellate Division: Second Judicial Department

M101664

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2009-04978 Roberta L. Hoffman, appellant, v Joel S. Hoffman, respondent. (Index No. 201993/08)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated April 7, 2009, inter alia, to strike stated portions of the appellant's brief on the ground that they refer 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 stated portions of the appellant's brief is granted to the extent that the second paragraph on page 7 and all of page 8 are stricken, and on or before May 4, 2010, the appellant shall remove the stricken material from the copies of the appellant's briefs filed with the Clerk of the court; 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 June 3, 2010, 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.

RIVERA, J.P., FISHER, FLORIO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court