Appellate Division: Second Judicial Department1

M263623

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-06126 In the Matter of Conrado Lopez, respondent, v Kenia Prudencio, appellant. (Docket Nos. V-6915-13, V-6916-13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to strike stated portions of the respondent's brief on an appeal from an order of the Family Court, Nassau County, dated April 21, 2017, on the ground that they refer to matter dehors the record.

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

ORDERED that the motion is granted to the extent that the following material is stricken from the respondent's brief:

(1) pages 4 through 7;

(2) the third, fourth, and sixth sentences of the first paragraph on page 8; and

(3) the first, second, and sixth sentences of the first full paragraph on page 9; and it is further,

ORDERED that on or before July 19, 2019, the respondent shall remove the stricken material from the copies of the respondent's brief filed with the Clerk of the Court and file a replacement digital copy of the respondent's brief which does not contain the stricken material, or serve and file a replacement respondent's brief, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[c][1]),which does not contain the stricken material; and it is further,

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

ORDERED that on the Court's own motion, the appellant's time to serve and file a reply brief is extended until July 29, 2019, and the reply brief shall be served and filed on or before that date.

MASTRO, J.P., BALKIN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court