Appellate Division: Second Judicial Department

M203992

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2013-10869, 2014-03411, 2015-01165, 2015-02524 In the Matter of Sal Epstein, also known as Solomon Epstein, deceased. Anita Taormina, appellant; Elena Eckhouse, respondent. (File No. 1881/08)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the reply brief on appeals from a decision of the Surrogate's Court, Suffolk County, dated December 13, 2013, and three orders of the same court, one dated December 13, 2013, and two dated December 19, 2014, on the ground that they refer to matters dehors the record and improperly raise issues for the first time on appeal, and for an award of costs and an attorney's fee.

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 reply brief is granted, the paragraph and quoted material which begins on page 1 with the words "It bears noting" and ends on page 2 with the words "not be permitted here," and the material which begins on the third-to-last line of page 12 with the words "In fact, her" and ends on the fourth line of page 13 with the words "payments that were made" are stricken, and on or before January 25, 2016, the appellant may either delete the stricken material from the copies of the reply brief filed with the Clerk of the Court or serve and file a replacement reply brief which does not contain the stricken material; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court