Appellate Division: Second Judicial Department

M192339

E/ct

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-04301 Jennifer Parietti-Fogarty, respondent, v Raymond Fogarty, appellant. (Index No. 248/12)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief on an appeal from a judgment of the Supreme Court, Rockland County, dated March 10, 2014, on the ground that it refers to matter dehors the record, and 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 the respondent's brief is granted to the extent that the following material is stricken:

(1) footnote 3 on page 11;

(2) the second and third sentence of the second paragraph on page 3, beginning with the words "The parties appeared" and ending with the words "of child support"; and

(3) the first, second, and third paragraphs of Point II, beginning on page 13 and continuing to the end of page 14;

and that branch of the motion is otherwise denied; and it is further,

ORDERED that on or before June 2, 2015, the respondent shall remove the stricken material from the copies of the brief 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 time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until June 22, 2015, and the reply brief must be served and filed on or before that date.

BALKIN, J.P., ROMAN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court