| Matter of Francois v Grimm |
| Motion No: 2010-03683 |
| Slip Opinion No: 2011 NY Slip Op 66034(U) |
| Decided on March 7, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M116562
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-03683 In the Matter of Kenneth Francois, Jr., appellant, v Meagan E. Grimm, respondent. (Proceeding No. 1) In the Matter of Meagan E. Grimm, respondent, v Kenneth Francois, Jr., appellant. (Proceeding No. 2) (Docket Nos. V-23255-06, O-00333-09)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Orange County, dated March 20, 2010, to strike Point III of the brief of the attorney for the child and Point III of the respondent's brief on the ground that they refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion 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 on the Court's own motion, the appellant's time to serve and file a reply brief on the appeal is enlarged until March 18, 2011.
DILLON, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court