Appellate Division: Second Judicial Department

M116602

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-10099 Douglas C. Manditch, appellant, v Devon Manditch, respondent. (Index No. 12235-07)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Suffolk County, dated September 3, 2010, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record 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 motion is granted; and it is further,

ORDERED that the third full paragraph on page 2 and the material on page 12 beginning with the caption "The Subsequent Events" and continuing through the end of that page are stricken from the appellant's brief, and on or before March 22, 2011, the appellant shall remove the stricken material from the copies of the appellant's brief on file with the Clerk of the Court, or serve and file a replacement brief that does not refer to the striken material; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until April 21, 2011, and the respondent's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court