Appellate Division: Second Judicial Department

M261619

E/mm

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2018-03151 Patricia McNally, appellant, v Edward McNally, respondent. (Index No. 20701/01)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the record on an appeal from an order of the Supreme Court, Suffolk County, dated January 23, 2018, for leave to serve and file a supplemental record, and to extend 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 branch of the motion which is to strike stated portions of the record is granted, pages 567 through 610, and 619 through 629 of the record are stricken, and on or before May 6, 2019, the appellant shall remove the stricken material from the copies of the record filed with the Clerk of the Court, or serve and file a replacement record which does not contain the stricken material; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted to the extent that on or before June 5, 2019, the respondent may serve and file a supplemental record containing Exhibits C, D, F, G, K, M, N, O, P, Q, R, and S annexed to the respondent's papers filed in support of the motion which resulted in the order dated January 23, 2018, and Exhibits B and C annexed to the respondent's reply papers filed in connection with the motion which resulted in the order dated January 23, 2018, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until June 5, 2019, and the respondent's brief shall be served and filed on or before that date.

BALKIN, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court