Appellate Division: Second Judicial Department

M130294

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2010-11372 In the Matter of Daniel L. Bassuk, respondent, v Anita M. Bassuk, appellant. (Docket Nos. V-935/07, V-16352/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated October 27, 2010, to strike the brief filed by the attorney for the child on the ground that it refers 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 branch of the motion which is to strike the material starting on the first line on page 22 with the words "This Court can take" through the end of that paragraph is granted, that material is stricken, and the Clerk of the Court, or her designee, shall remove the stricken material from the copies of the briefs filed with this Court; and it is further,

ORDERED that the branch of the motion which is to strike the following material is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof:

(1) second sentence of the first paragraph in "Procedural History" on page 2 which begins with the word "Indeed" and associated footnote 1 on page 2;

(2) Point Heading IV entitled "Recent Developments Impacting Appeal" and the material associated with that point heading on page 18 in the "Counterstatement of Facts"; and

(3) Point Heading II entitled "The Order Precluding Travel Has Been Made Even More Sound by Recent Events" and the material associated with that point heading starting on page 23 and ending on page 24 in the "Legal Argument"; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., LOTT, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court