| MATTER OF ANDREW D. AYEN V KIMBERLY S. SAIN, AND CHRISTINA MCCONNELL |
| Motion No: CAF 10-01607 |
| Slip Opinion No: 2011 NY Slip Op 79227(U) |
| Decided on July 20, 2011 |
| Appellate Division, Fourth 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. |
PRESENT: FAHEY, J.P., CARNI, SCONIERS, GREEN, AND MARTOCHE, JJ.
APPELLATE DIVISION DOCKET NO. CAF 10-01607
DOCKET NOS. V-00004-10/10B, V-00004-10/10C
| MATTER OF ANDREW D. AYEN, PETITIONER-APPELLANT, V KIMBERLY S.
SAIN, AND CHRISTINA MCCONNELL, RESPONDENTS-RESPONDENTS. |
An appeal having been taken herein from an order of the Family Court, Jefferson County, entered in the Office of the Clerk of said Court on July 13, 2010, and respondent Christina McConnell having moved to strike the record on appeal, to strike portions of appellant's brief as dehors the record, and to dismiss Patty McConnell from the appeal,
Now, upon reading and filing the affirmation of Paloma A. Capanna, Esq., dated June 3, 2011, the notice of motion with proof of service thereof, the affidavit of Susan Betzjitomir, Esq., sworn to June 21, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to strike the record on appeal is denied, and
It is further ORDERED that the motion insofar as it seeks to strike portions of appellant's brief is denied with leave to renew upon oral argument of the appeal, and
It is further ORDERED that the motion insofar as it seeks an order dismissing Patty McConnell from the appeal is dismissed as unnecessary.
Entered: July 20, 2011
PATRICIA L. MORGAN, Clerk