Bottini v Bottini
Motion No: 2017-00690
Slip Opinion No: 2018 NY Slip Op 62856(U)
Decided on February 1, 2018
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M245473

E/afa

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2017-00690

Sheila Bottini, appellant, v Anthony R.

Bottini, Jr., respondent.

(Index No. 3222/11)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's appendix and the appellant's brief on an appeal from a judgment of the Supreme Court, Dutchess County, dated December 23, 2016, on the ground that they contain or refer to matter dehors the record. Separate motion by the appellant, inter alia, to strike the respondent's motion on the ground that the respondent improperly raised issues in a reply affirmation in support of the motion and to impose a sanction upon the respondent.

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

ORDERED that the motions are denied.

MASTRO, J.P., BALKIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court