Appellate Division: Second Judicial Department

M242359

E/afa

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2016-13084 Hideko Paragon, appellant, v Constance Paragon, respondent, et al., defendants. (Index No. 57967/16)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Westchester County, dated December 1, 2016, on the ground that they refer to matter dehors the record or improperly make arguments for the first time on appeal, and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief is granted to the extent that the following portions of the appellant's brief are stricken and that branch of the motion is otherwise denied:

(1) on page 6, in the last paragraph, the first sentence, the words "that she drew from China Interocean" in the second sentence, and the last sentence;

(2) on page 7, in the first paragraph, the words "and for Donald's son George, who lived at the house during this period," and the second and third paragraphs;

(3) on page 9, in the second paragraph, the words "and for Donald's children and their families, and her own son and his family, whenever these persons would visit" and in the third paragraph, the fourth sentence;

(4) on pages 22 and 23, the material contained in Point I(iii); and

(5) on pages 31 through 34, the material contained Point II(iv); and it is further,

ORDERED that on or before January 2, 2018, the appellant shall remove the stricken material from the copies of the appellant's brief filed with the Clerk of this 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 respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is enlarged until February 1, 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.

DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court