Appellate Division: Second Judicial Department

M266259

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2016-11669, 2016-11670 Ellen Bohner, appellant, v Richard Bohner, Jr., respondent. (Index No. 37713/11)

DECISION & ORDER ON MOTION

Motion by the appellant to strike stated portions of the respondent's brief on appeals from an order of the Supreme Court, Suffolk County, dated September 21, 2016, and a judgment of the same court dated September 22, 2016, on the ground that they refer to matter dehors the record and do not contain proper citations to 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 first full paragraph on page 39 is stricken from the respondent's brief, and on or before October 31, 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 the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court