Appellate Division: Second Judicial Department

M128331

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2011-01715 Anthony Terranova, appellant, v Kimberly Terranova, respondent. (Index No. 08-16007)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellant's appendix on the ground that it is inadequate and contains matter dehors the record and to strike the appellant's brief on the ground that refers to matter dehors the record on an appeal from an order of the Supreme Court, Westchester County, entered January 24, 2011. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike the appellant's appendix and brief is granted, and on or before December 2, 2011, the appellant shall serve and file a replacement appendix that contains only the motion papers filed with the Supreme Court that resulted in the order entered January 24, 2011, including the respondent's affirmation in opposition to the cross motion, and shall serve and file a brief that refers only to that material; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is denied as academic.

RIVERA, J.P., DICKERSON, ENG and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court