Appellate Division: Second Judicial Department

M170602

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-09870 Mark Lew, appellant-respondent, v Gail Sobel, respondent; Ariel Sobel-Lew, et al., nonparty-respondents-appellants. (Index No. 8596/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated August 24, 2012, for a hearing to determine whether she has properly certified compliance with a certain visitation order so as to effectuate release of certain money held in escrow. Separate motion by the respondent to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent's appendix. Separate motion by the appellant-respondent, inter alia, to strike stated portions of the respondent's appendix on the ground that they contain matters dehors the record, to strike stated portions of the respondent's brief on the ground that they raise issues not properly before the Court, and to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion for a hearing is denied; and it is further,

ORDERED that the respondent's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent's appendix is granted; and it is further,

ORDERED that the branch of the appellant-respondent's motion which is to strike stated portions of the respondent's appendix on the ground that they contain matters dehors the record 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 branch of the appellant-respondent's motion which is to strike stated portions of the respondent's brief is granted, the respondent's brief is stricken, and on or before March 21, 2014, the respondent may serve and file a replacement brief which does not raise issues relating to the respondent's dismissed appeal, or otherwise refer to matter dehors the record; and it is further,

ORDERED that the branch of the appellant-respondent's motion which is to enlarge the time to serve and file a reply brief is granted, the appellant-respondent's time to serve and file a reply brief is enlarged until April 26, 2014, 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.

RIVERA, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court