| Matter of Federico v Espino |
| Motion No: 2011-08478 |
| Slip Opinion No: 2012 NY Slip Op 66997(U) |
| Decided on March 12, 2012 |
| 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. |
Appellate Division: Second Judicial Department
M134510
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
JEFFREY A. COHEN, JJ.
|
2011-08478 In the Matter of Frank Federico, Jr., respondent, v Janette Espino, appellant. (Docket No. V-11312/06/11C)
| DECISION & ORDER ON MOTION |
Motion by the respondent to strike the appellant's brief on an appeal from an order of the Family Court, Nassau County, dated August 10, 2011, on the ground that it refers to matter dehors the record and because it fails to properly cite the record in accordance with the rules of the Court. Application by the attorney for the child to be provided with the transcript of an in camera interview with the subject child.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in relation or in relation thereto, it is
ORDERED that the motion is granted and on or before April 11, 2012, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record and contains proper citations to the transcript and the original papers (see 22 NYCRR670.10.3[g][2]; and it is further,
ORDERED that the application is dismissed, without prejudice to making a motion for the same relief.
DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court