| Matter of B. (Anonymous), Amaray; Suffolk County Department of Social |
| Motion No: 2019-00929 |
| Slip Opinion No: 2019 NY Slip Op 77706(U) |
| Decided on August 20, 2019 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M265352
E/sl
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
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2019-00929 In the Matter of Amaray B. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Elizabeth J. (Anonymous), respondent-respondent. (Docket No. N-4785-140)
| DECISION & ORDER ON MOTION |
Motion by the respondent-respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated January 7, 2019, on the grounds that the petitioner-appellant is not aggrieved and failed to settle the transcript, or, in the alternative, to strike stated portions of the petitioner-appellant's appendix on the ground that they contain matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the petitioner-appellant is not aggrieved is denied; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the petitioner-appellant failed to settle the transcript is denied on condition that on or before September 20, 2019, the appellant properly settle the transcript; and it is further,
ORDERED that the branch of the motion which is to strike stated portions of the petitioner-appellant's appendix on the ground that they contain matter dehors the record is granted, and on or before September 20, 2019, the appellant shall remove pages A16 through A135 from the copies of the petitioner-appellant's appendix filed with the Clerk of the Court or serve and file a replacement petitioner-appellant's appendix which does not contain the material on pages A16 through A135; and it is further,
ORDERED that the petitioner-appellant's brief is stricken and on or before September 20, 2019, the appellant shall serve and file a replacement brief which does not refer to the material on pages A16 through A135; and it is further,
ORDERED that pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the respondent and the attorney for the child shall serve and file their respective briefs in response to the petitioner-appellant's replacement brief on or before October 20, 2019.
RIVERA, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court