Appellate Division: Second Judicial Department

M136624

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2011-03775 Mary Jean Mezzina Hannigan, respondent-appellant, v John Hannigan, appellant-respondent. (Index No. 24768/92)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, in effect, to strike the respondent-appellant's appendix and Point IV of the respondent-appellant's brief on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered February 17, 2011, on the ground that they contain matter dehors the record or raise issues not properly before the Court, to enlarge the time to serve and file a reply brief, and for an award of an attorney's fee and costs.

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, in effect, to strike the respondent-appellant's appendix and Point IV of the respondent-appellant's brief is granted, the respondent-appellant's appendix and Point IV of the respondent-appellant's brief as well as all references to that point in the table of contents and questions presented are stricken, and on or before May 17, 2012, the respondent-appellant shall remove the material comprising Point IV and all references to that point in the table of contents and questions presented from the copies of the briefs filed with the Clerk of the Court or serve and file a replacement brief that does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant-respondent's time to serve and file a reply brief is granted, the time to serve and file the appellant-respondent's reply brief is enlarged until June 18, 2012, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court