Appellate Division: Second Judicial Department

M112891

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-00122 In the Matter of Galina Ross, respondent, v Eric Ross, appellant. (Docket No. V-01017-01)

DECISION & ORDER ON MOTION

Motion by the attorney for the child to strike the appellant's brief and dismiss an appeal from an order of the Family Court, Rockland County, dated November 13, 2009, on the ground that the appellant's brief contains matter dehors the record and contains personal and false attacks against the attorney for the child and the Family Court, in effect, to strike stated portions of the appellant's brief, 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 the appellant's brief and to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to strike stated portions of the appellant's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted and the brief of the attorney for the child in the above-entitled appeal shall be served and filed on or before January 19, 2011.

SKELOS, J.P., DICKERSON, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court