Scher v Scher
Motion No: 2010-03052
Slip Opinion No: 2010 NY Slip Op 89797(U)
Decided on December 6, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M112090

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-03052

Allison Scher, appellant,

v Edward Scher, respondent.

(Index No. 29475-07)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's appendix and brief on an appeal from a judgment of the Supreme Court, Suffolk County, entered March 4, 2010, on the ground that they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Cross motion by the appellant to enlarge the record to include certain documents and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the cross 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 appendix and brief is granted to the extent that pages A9 through A39 of the appellant's appendix and pages 32 through 40 of the appellant's brief are stricken, and that branch of the motion is otherwise denied; and it is further,

ORDERED that on or before December 20, 2010, the appellant shall remove the stricken material from the copies of the appendix and brief filed with the Clerk of the Court or serve and file a replacement appendix and a replacement brief that do not contain or refer to the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief is granted, the respondent's time to serve and file a brief is enlarged until January 20, 2011, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a reply brief is denied as premature.

MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court