Matter of O'Loughlin v Sweetland
Motion No: 2011-00694
Slip Opinion No: 2011 NY Slip Op 88851(U)
Decided on November 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M128409

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-00694, 2011-03832

In the Matter of John O'Loughlin, respondent,

v Anna M. Sweetland, etc., appellant.

(Docket No. V-9000/06)

DECISION & ORDER ON MOTION

Motion by Judith Ellen Stone, the attorney for the child, on appeals from two orders of the Family Court, Suffolk County, dated December 31, 2011, and March 18, 2011, respectively, inter alia, to strike pages A.3047 through 3086 of the appellant's appendix, Section G of the statement of facts in the appellant's brief, and Point III of the appellant's reply brief on pages 25 and 26 on the ground that they contain or 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 branches of the motion which are to strike pages A.3047 through 3086 of the appellant's appendix, Section G of the statement of facts in the appellant's brief on pages 26 and 27, and Point III of the appellant's reply brief on pages 25 and 26 are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that on the motion is otherwise denied.

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court