Appellate Division: Second Judicial Department

M161326

S/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2013-01538, 2013-01548, 2013-01549, 2013-01550, 2013-01551 In the Matter of Kerry Hinck, respondent, v Craig Hinck, appellant. (Docket No. F-22374-10/12B)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from five orders of the Family Court, Suffolk County, four dated October 19, 2012, and one dated December 13, 2012, to strike stated portions of the respondent's brief on the ground that it refers to matter dehors the record, or, in the alternative for this Court to take judicial notice of an order of the Supreme Court, Suffolk County, dated May 4, 2012, in an action entitled Hinck v Hinck, pending under Index No. 42441/08, and to impose costs and sanctions on the respondent. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

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 stated portions of the respondent's brief, or in the alternative, to take judicial notice of an order of the Supreme Court, Suffolk County, dated May 4, 2012, in an action entitled Hinck v Hinck, pending under Index No. 42441/08, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the appellant's time to serve and file a reply brief is enlarged until September 4, 2013, and the reply brief shall be served and filed on or before that date.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court