Appellate Division: Second Judicial Department

M264564

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2018-13622 Joshua Ambrose, respondent, v Meghan Ambrose, appellant. (Index No. 202924/15)

DECISION & ORDER ON MOTION

Motion by the appellant to strike the respondent's brief on an appeal from a judgment of the Supreme Court, Nassau County, entered August 20, 2018, on the ground that it contains matter dehors the record and for a preference in the calendaring of the appeal.

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

(1) the portion of the second full sentence on page 2 beginning with the words "It is important" and ending with the words "dissolution of marriage trial";

(2) the portion of the paragraph on pages 2 and 3 which begins with the third sentence of that paragraph, with the words "The respondent," and ends with the second-to-last sentence of that paragraph, with the words "on numerous occasions.";

(3) the portion of the first complete sentence on page 4, which consists of the words "Appellant came into the marriage with over $70K in college debt which was eliminated prior to the divorce proceeding";

(4) the portions of the second complete sentence on page 4, which consist of the words "The appellant was also left" and "as the Appellant had no savings for retirement prior to the marriage";

(5) the first sentence of the second paragraph on page 6;

(6) footnote 5 on pages 6 and 7;

(7) footnote 6 on page 7;

(8) the first three sentences of the second paragraph on page 8;

(9) items numbered 2, 3, 4, 5, 6, and 8, in the Procedural History section on pages 9 and 10;

(10) the first sentence of item numbered 15 on page 21;

(11) the second, sixth, seventh, and ninth sentences of the second paragraph on page 43;

(12) the first paragraph on page 46;

(13) the paragraph which begins at the bottom of page 48 and ends on the top of page 49; and

(14) the last paragraph on page 49 through page 56; and it is further,

ORDERED that on or before August 13, 2019, the appellant shall remove the stricken material from the copies of the appellant's brief filed with the Clerk of the Court and file a replacement digital copy of the appellant's brief which does not contain the stricken material, or serve and file a replacement appellant'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.

RIVERA, J.P., DILLON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court