Appellate Division: Second Judicial Department

M242000

E/afa

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2017-01617 Michael Kelly, appellant, v Debra Kelly, respondent. (Index No. 2186/07)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the appellant's appendix on the ground that it is inadequate and contains matter dehors the record, to strike the appellant's brief on the ground that it refers to matter dehors the record, for an award of costs, and to enlarge the time to serve and file a brief.

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

ORDERED that the branches of the motion which are to strike the appellant's appendix and the appellant's brief are granted, and on or before December 28, 2017, the appellant shall serve and file a replacement appendix which contains all of the papers filed in connection with the motion that resulted in the order dated July 13, 2017, and does not contain matter dehors the record, and a replacement brief that addresses only issues raised in connection with the appeal from the order dated July 13, 2017, and does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until January 29, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court