PRESENT: MARTOCHE, J. P., SMITH, FAHEY, PERADOTTO, AND GREEN, JJ.

DOCKET NO. CA 09-02377

RONALD C. VANYO, PLAINTIFF-RESPONDENT, V ANN M. VANYO, DEFENDANT-APPELLANT.

Appellant having moved to strike certain portions of respondent's brief, an exhibit appended to respondent's brief, and pages 1994 through 2021 of the record on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 14, 2009,

Now, upon reading and filing the affirmation of Steven M. Cohen, Esq. dated November 1, 2010, the notice of motion with proof of service thereof, and the affidavit of Robert R. Vario, Esq. sworn to November 3, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to strike certain portions of respondent's brief is granted, and the portions of the brief described in paragraphs 6 through 22 of the aforementioned affirmation of Steven M. Cohen, Esq. are hereby stricken to the extent that they discuss matters outside of the record (see Matter of Wood v Marshall, 296 AD2d 859, 860, lv denied 98 NY2d 755), and

It is further ORDERED that the motion insofar as it seeks to strike the exhibit appended to the brief, and all references to it in respondent's brief, is granted, and

It is further ORDERED that the motion insofar as it seeks to strike pages 1994 through 2021 of the record is denied.

Entered: December 1, 2010

Patricia L. Morgan, Clerk