Appellate Division: Second Judicial Department

M101958

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2009-03475 Daniel Costigan, respondent-appellant, v Elizabeth Renner, appellant-respondent. (Index No. 11123/02)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike stated portions of the respondent-appellant's answering brief on an appeal and cross appeal from a judgment of the Supreme Court, Queens County, dated February 26, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the following material is stricken from the respondent-appellant's answering brief, and the motion is otherwise denied:

(1) footnote 12 on page 9;

(2) footnote 18 on page 15;

(3) the text beginning on page 25 with the words "Indeed, despite repeated admonishments," through page 26 concluding with the words "leaving the mother with alternating weekends";

(4) footnote 32 on page 25; and it is further,

ORDERED that on or before May 11, 2010, the respondent-appellant shall remove the stricken material from the copies of the answering briefs filed with the Clerk of the court and notify the appellant-respondent when that material has been stricken, or serve and file replacements that do not contain the stricken material; and it is further,

ORDERED that the appellant-respondent may serve and file a replacement reply brief to the replacement answering brief within 10 days after service of the replacement brief or the striking of the material, if she be so advised; and it is further,

ORDERED that the respondent-appellant may, if he be so advised, serve file a replacement reply brief within 10 days after service of the appellant-respondent's replacement reply brief.

DILLON, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court