Matter of Solomon v Fishman
Motion No: 2018-08743
Slip Opinion No: 2019 NY Slip Op 85225(U)
Decided on December 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267708

E/mb

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

ANGELA G. IANNACCI, JJ.

2018-08743, 2018-08934

In the Matter of Jennifer S. Solomon, respondent,

v Marc H. Fishman, appellant.

(Docket Nos. V-8186-14/15B, V-8187-14/15B,

V-8188-14/15B, V-8189-14/15B)

DECISION & ORDER ON MOTION

Motion by the attorney for the children, inter alia, for leave to file opposition to the appellant's motion to strike the attorney for the children's brief on appeals from two orders of the Family Court, Westchester County, both dated June 13, 2018, on the ground that the brief refers to matter dehors the record. By decision and order on motion of this Court dated September 19, 2019, the appellant's motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion by the attorney for the children and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the attorney for the children is granted to the extent that the decision and order motion of this Court dated September 19, 2019, in the above-entitled case is recalled and vacated, the papers filed in connection with the motion by the attorney for the children are deemed to be considered in connection with the appellant's motion, the following decision and order on motion is substituted therefor, and the motion by the attorney for the children is otherwise denied:

Motion by the appellant to strike the attorney for the children's brief on appeals from two orders of the Family Court, Westchester County, both dated June 13, 2018, on the ground that the brief refers to matter dehors the record.

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

ORDERED that the appellant's motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., AUSTIN, LEVENTHAL and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court