Appellate Division: Second Judicial Department

M266377

E/mb

ALAN D. SCHEINKMAN, P.J.

JOSEPH J. MALTESE

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2016-02329, 2016-07969 K. A. K. (Anonymous), respondent-appellant, v G. B. K. (Anonymous), appellant-respondent. (Index No. 4893/11)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike stated portions of the respondent-appellant's supplemental reply brief on an appeal from a decision and order (one paper) of the Supreme Court, Westchester County, dated February 29, 2016, and an appeal and cross appeal from a judgment of the same court entered August 5, 2016.

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-appellant's supplemental reply brief, and the motion is otherwise denied:

(1) on page 1, the material beginning with the words "This he combines with false arguments," through the end of the page and footnote 1;

(2) all of page 2, including footnote 2;

(3) on page 3, the remainder of the paragraph that began on page 2 and the first full paragraph;

(4) Point III, which begins on page 13 and ends on page 14, including footnote 7 on page 14;

(5) on page 19, the subject heading "C. Husband Admits Facts He Seeks To Strike From Wife's Brief" and the first full paragraph on that page; and

(6) footnote 11 on page 23; and it is further,

ORDERED that on or before October 11, 2019, the respondent-appellant shall remove the stricken material from the copies of the respondent-appellant's supplemental reply brief filed with the Clerk of the Court and file a replacement digital copy of the respondent-appellant's supplemental reply brief which does not contain the stricken material, or serve and file a replacement respondent-appellant's supplemental reply brief, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[c][1]), which omits the stricken material and does not contain any other changes to the text of the respondent-appellant's supplemental reply brief.

SCHEINKMAN, P.J., MALTESE, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court