Appellate Division: Second Judicial Department

M266379

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2019-00764, 2019-00765 Marc Agulnick, appellant, v Adrienne Agulnick, respondent. (Index No. 202374/18)

DECISION & ORDER ON MOTION

Motion by the respondent to strike stated portions of the appellant's brief on appeals from two orders of the Supreme Court, Nassau County, one dated December 13, 2018, and one entered January 15, 2019, respectively, to strike the bookmarks or hyperlinks to the authorities cited in the digital copy of the appellant's brief or for leave to file a digital copy of a respondent's brief containing bookmarks or hyperlinks to the authorities cited in the brief, for leave to serve and file a supplemental record containing certain exhibits, to direct the transcription of the minutes of the in camera interview with the subject child for in camera review by the panel of Justices assigned to hear the appeal, to direct the appellant to correct the record, and to extend the time to serve and file a brief. Motion by the respondent, inter alia, to modify a stay granted by a decision and order on motion of this Court dated February 8, 2019.

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

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief is granted, footnote 1 on pages 8 and 9, footnote 6 on page 5, and the reference to footnote 1 on page 2 are stricken, and on or before October 24, 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 branch of the motion which is to strike to strike the bookmarks or hyperlinks to the authorities cited in the digital copy of the appellant's brief is denied (see E-Filing in the Appellate Division, Second Judicial Department, Technical Guidelines); and it is further,

ORDERED that the branch of the motion which is for leave to file a digital copy of a respondent's brief containing bookmarks or hyperlinks to the authorities cited in the brief is denied as unnecessary (see E-Filing in the Appellate Division, Second Judicial Department, Technical Guidelines); and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record containing certain exhibits is granted and the respondent shall serve and file a supplemental record containing the respondent's hearing exhibits F and G at the time the respondent serves and files the respondent's brief; and it is further,

ORDERED that the branch of the motion which is to direct the transcription of the minutes of the in camera interview with the subject child for in camera review by the panel of Justices assigned to hear the appeal is denied as unnecessary; and it is further,

ORDERED that the branches of the motion which is to direct the appellant to correct the record is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until October 24, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion, inter alia, to modify a stay granted by the decision and order of this Court dated February 8, 2019, is denied.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court