Appellate Division: Second Judicial Department

M114396

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-02526 In the Matter of Colleen Ruiz, appellant, v Leroy Travis, et al., respondents. (Docket Nos. V-1720/05, V-2337/05)

DECISION & ORDER ON MOTION

Motion by the attorney for the child, inter alia, to dismiss an appeal from an order of the Family Court, Westchester County, dated February 17, 2010, on the ground that the brief refers to matter dehors the record, or 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 stated portions of the appellant's brief is granted to the extent that the following material is stricken from the appellant's brief and that branch of the motion is otherwise denied:

(1) beginning on page 5, with the subheading "October 25, 2006 Transcript TR1* through the end of page 7;

(2) beginning on page 17, with the subheading "May 13, 2010 Transcript TR9* through the end of the second paragraph following that subheading;

(3) on page 21, the fourth sentence of the first complete paragraph, beginning with the words "The forensic custody evaluation" and ending with the words "expansion of visitation"; and

(4) on page 25, in the first sentence of the second paragraph, the words "forensic report and the"; and it is further,

ORDERED that on or before February 14, 2011, the appellant shall remove the stricken material from the copies of the appellant's brief filed with the Clerk of the Court or serve and file a replacement brief that does not contain 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 brief is granted, the time of the attorney for the child to serve and file a brief is enlarged until March 16, 2011, and the brief of the attorney for the child must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court