| Jason F. v Wendy F. |
| Motion No: M-2361 |
| Slip Opinion No: 2018 NYSlipOp 77132(U) |
| Decided on July 10, 2018 |
| Appellate Division, First 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. |
July 10, 2018
Jason F.,
Plaintiff-Respondent-Appellant, CONFIDENTIAL
v
Wendy F.,
Defendant-Appellant-Respondent.
An appeal and a cross appeal having been taken from a judgment of the Supreme Court, New York County, entered on or about March 6, 2017, and said appeal and cross appeal having been perfected, And defendant having moved for an order directing plaintiff to resubmit the cross-appellant's brief striking all matters therein dehors the record on appeal; and adjourning the appeal and cross appeal (M-2205), And plaintiff having cross-moved for an order denying defendant's motion seeking to strike defendant-appellant-respondent's brief; directing this Court to take judicial notice of defendant's complaint, sworn to on March 14, 2018, filed in Wendy F. v William S. Beslow, Esq. (New York County Index No. 152310/18); granting plaintiff leave to supplement the record on appeal to include the aforesaid complaint; and awarding plaintiff fees and costs on the within motion and cross motion (M-2361), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that defendant's motion is granted to the extent of striking plaintiff's brief; directing plaintiff to file a new cross-appellant's brief without reference to proceedings in the matter of Wendy F. v William S. Beslow, Esq. (NY County Index No. 152310/18); adjourning the appeal and cross appeal to the November 2018 Term of this Court; and directing plaintiff to file his replacement brief on or before October 3, 2018 for that Term (M-2205). Plaintiff's cross motion is denied (M-2361). ENTERED: July 10, 2018
_____________________ CLERK
Present: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Troy K. Webber Cynthia S. Kern Peter H. Moulton, Justices
M-2361
M-2205
Index No. 305964/10