| Siracusa v Finn-Siracusa |
| Motion No: 2019-03074 |
| Slip Opinion No: 2019 NY Slip Op 83152(U) |
| Decided on October 30, 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
M267134
E/sl
RUTH C. BALKIN, J.P.
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2019-03074, 2019-03075 Steven Siracusa, appellant, v Helen Finn-Siracusa, respondent. (Index No. 200350/18)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to strike the respondent's brief on appeals from two orders of the Supreme Court, Nassau County, dated March 12, 2019, and March 15, 2019, respectively, on the ground that it refers to matter dehors the record and to extend the time to serve and file a reply brief. Cross motion by the respondent to enlarge the record to include a certain order of the Supreme Court, Nassau County, and to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and cross 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 the second full sentence on page 8 of the respondent's brief is stricken and on or before December 2, 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 that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to extend the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended until December 12, 2019, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
BALKIN, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court