Appellate Division: Second Judicial Department

M103804

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2010-01643 William Alderman, respondent, v Donna Alderman, appellant. (Index No. 04-9918)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered January 21, 2010, to amend so much of a decision and order on motion of this court dated April 23, 2010, as conditioned a stay of enforcement of an order of commitment of the same court dated April 16, 2010, upon, inter alia, the appellant surrendering her passport to her attorneys and her attorneys holding her passport pending hearing and determination of the appeal to direct her attorneys to release her passport so that she can use it for a trip scheduled from June 17, 2010, through June 21, 2010. Separate motion by the appellant to strike stated portions of the respondent's brief, to strike the respondent's proposed appendix, and to enlarge the time to serve and file a reply brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motions, no papers having been filed in opposition or in relation to the motion to amend the decision and order on motion dated April 23, 2010, to direct the appellant's attorneys to release her passport, and the papers filed in opposition to the motion, inter alia, to strike stated portions of the respondent's brief, and upon the application, it is

ORDERED that the motion to amend the decision and order on motion dated April 23, 2010, to direct the appellant's attorneys to release her passport is denied; and it is further,

ORDERED that the branches of the motion which are to strike stated portions of the respondent's brief and to strike the respondent's proposed appendix are granted to the extent that the respondent's brief and the respondent's proposed appendix are stricken and on or before June 17, 2010, the respondent shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief and the application for the same relief are denied as premature.

MASTRO, J.P., DICKERSON, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court