PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

APPELLATE DIVISION DOCKET NO. CAF 10-02051
DOCKET NOS. V-01249-06/10A, V-01249-06/10B

MATTER OF SUSAN HARTMAN, PETITIONER-APPELLANT, V RICHARD C. HARTMAN, JR., RESPONDENT-RESPONDENT.

An appeal having been taken herein from an order of the Family Court, Cattaraugus County, entered in the Office of the Clerk of said Court on September 2, 2010, and petitioner-appellant having moved to strike portions of the attorney for the child's brief as dehors the record, and for an extension of time to file and serve a reply brief,

Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to July 27, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to strike portions of the attorney for the child's brief is granted to the extent that the second and third sentences of the first paragraph on page 8 of the attorney for the child's brief, and the entire second paragraph on that page of the brief, are deemed stricken, and

It is further ORDERED that the motion insofar as it seeks an extension of time for appellant's reply brief is granted on condition that appellant submit ten copies of her reply brief to the Court, together with proof of service, on or before September 1, 2011, and the Clerk is directed to accept said briefs for filing.

Entered: August 17, 2011

PATRICIA L. MORGAN, Clerk