Matter of R. (Anonymous), Devika; Suffolk County Departm
Motion No: 2012-10005
Slip Opinion No: 2013 NY Slip Op 71610(U)
Decided on April 24, 2013
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

M155235

E/ct

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-10005

In the Matter of Devika R. (Anonymous).

Suffolk County Department of Social Services,

petitioner-respondent; et al., respondent;

Jill C. Stone, et al., nonparty-appellants;

Marina M. Mortielli, nonparty-respondent.

(Docket No. N-9647-11)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellants, inter alia, to strike the brief filed by the attorney for the child on an appeal from an order of the Family Court, Suffolk County, dated September 11, 2012, on the ground that exhibits to the brief contain matter dehors the record and the brief 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 brief filed by the attorney for the child is granted, and on or before May 24, 2013, the attorney for the child shall serve and file a replacement brief that does not contain exhibits or refer to matter dehors the record; and it is further,

ORDERED that the motion is otherwise denied as academic.

ANGIOLILLO, J.P., HALL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court