Appellate Division: Second Judicial Department

M263622

E/mm

MARK C. DILLON, J.P.

JEFFREY A. COHEN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-03731 In the Matter of Jamie R. (Anonymous), respondent; New York State Commissioner of Mental Health, appellant. (Index No. 132/98)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Rockland County, dated February 1, 2019, to include certain medical records. Cross motion by the respondent, inter alia, to strike stated portions of the appellant's brief.

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

ORDERED that the motion is denied; and it is further,

ORDERED that branch of the cross motion which is to strike stated portions of the appellant's brief is granted and the following portions of the appellant's brief are stricken and will not be considered in the determination of the appeal:

(1) first full paragraph on page 3;

(2) footnote 3 on pages 11 and 12;

(3) all of subpoint heading 4, which begins on page 22 with the title "Jamie R.'s post-hearing" and ends on page 23 with the citation "See id. at 23, 29-33";

(4) footnote 4 on pages 22 and 23;

(5) the second sentence in the last paragraph on page 23, which begins with the words, "The Dutchess County District Attorney" and ends "(April 24, 2019).";

(6) footnote 5 on page 29;

(7) footnote 6 on page 33;

(8) footnote 7 on page 33;

(9) the citation "see also Tisne Aff., Ex. 3-A, at 14, 16-17.)" in the last sentence on page 37; and

(10) all of point heading C, which is contained on pages 40, 41, and 42, including footnote 11; and it is further,

ORDERED that the cross motion is otherwise denied.

DILLON, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court