| MATTER OF GAMALIEL DOMINGUEZ V CLARA MONTALBANO |
| Motion No: CAF 15-01062 |
| Slip Opinion No: 2016 NY Slip Op 63413(U) |
| Decided on February 2, 2016 |
| Appellate Division, Fourth 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. |
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ.
APPELLATE DIVISION DOCKET NO. CAF 15-01062
DOCKET NO .F-08557-10/13D
| MATTER OF GAMALIEL DOMINGUEZ, PETITIONER-RESPONDENT, V CLARA
MONTALBANO, RESPONDENT-APPELLANT. |
An appeal having been taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on August 29, 2014, and respondent-appellant having moved to strike petitioner-respondent's exhibits and portions of his brief, and for an extension of time to file a reply brief,
Now, upon reading and filing the affirmation of Michael Steinberg, Esq., dated January 13, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an order striking petitioner-respondent's exhibits and portions of his brief is granted to the extent that the exhibits submitted with petitioner-respondent's brief that were not included in the record on appeal are stricken, and the portions of petitioner-respondent's brief that are derived from exhibits that were not included in the record on appeal are stricken, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file a reply brief is granted on condition that respondent-appellant submit ten copies of her reply brief to the Court, together with proof of service, on or before February 17, 2016, and the Clerk is directed to accept said briefs for filing.
Entered: February 2, 2016
FRANCES E. CAFARELL, Clerk