| Lueker v Lueker |
| Motion No: 2013-09183 |
| Slip Opinion No: 2014 NY Slip Op 86468(U) |
| Decided on October 15, 2014 |
| 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
M181215
T/ct
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-09183 Stephen Lueker, appellant, v Donna Dewitt Lueker, respondent. (Index No. 029138/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent pro se on an appeal from an order of the Supreme Court, Kings County, dated July 19, 2013, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of her appendix. Motion by the appellant pro se to strike the respondent's brief and appendix on the ground that they contain or refer to matter dehors the record.
Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent's motion is denied; and it is further,
ORDERED that the appellant's motion is granted, the respondent's brief and appendix are stricken, and, if she be so advised, on or before November 17, 2014, the respondent shall serve and file a replacement appendix and a replacement brief that do not contain or refer to matter dehors the record.
BALKIN, J.P., CHAMBERS, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court