Appellate Division: Second Judicial Department

M205855

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX, JJ.

2015-10291 In the Matter of Thomas Conway, appellant, v Joy Gartmond, respondent. (Docket No. F-13400-13/13A & B)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Family Court, Westchester County, dated August 28, 2015, to strike the appellant's brief or Point III thereof on the ground that it refers to matter dehors the record or contains argument improperly raised for the first time on appeal, to impose a sanction upon the appellant, and for an award of costs and an attorney's fee. Cross motion by the appellant for this Court to take judicial notice of a related proceeding between the parties under Docket No. F-5362-11/11A.

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

ORDERED that the branch of the motion which is to strike the appellant's brief or Point III thereof is granted to the extent that the material beginning on page 2 with the last paragraph, through the end of that paragraph on page 3, ending with the words "a consolidated appeal," and Point III are stricken, and on or before February 16, 2016, the appellant shall delete that material from the copies of the appellant's briefs 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 motion is otherwise denied; and it is further,

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

ORDERED that pursuant to § 670.4(a)(2) of the rules of this Court (see 22 NYCRR

670.4[a][2]), the respondent's time to serve and file a brief is enlarged until March 18, 2016, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., RIVERA, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court