Appellate Division: Second Judicial Department

M270183

kbp/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2019-05934 In the Matter of Matthew Brown, respondent-appella v Shanna Simon, appellant-respondent. (Docket Nos. V-9936-12, V-9937-12, V-4633-14, O-9733-15, V-2634-16)

DECISION & ORDER ON MOTION nt,

Motion by the appellant-respondent to strike stated portions of the respondent-appellant's brief on an appeal and a cross appeal from an order of the Family Court, Westchester County, dated April 30, 2019, on the ground that it refers to matter dehors the record.

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

ORDERED that the motion is granted, and the following material is stricken for the respondent-appellant's brief:

(1) the material on pages 10 through 12, starting with the words "Further, which adds" and ending with the words "directly to the Family Court";

(2) footnotes 4 and 5 on page 11;

(3) the second full paragraph on page 62, starting with the words "The mother's last visit" and ending with the word "pediatrician";

(4) the paragraph which begins on the bottom of page 68, starting with the words "Even of recent" and ends on page 69 with the words "directed the parties to use"; and it is further,

ORDERED that on or before April 13, 2020, the respondent-appellant shall remove the stricken material from the copies of his brief filed with the Clerk of the Court and file a replacement digital copy of his brief which does not contain the stricken material, or serve and file a replacement brief, in both hard copy format and digital format in accordance with the rules of the Court (see 22 NYCRR 1250.9[a][1]), which does not contain the stricken material.

BALKIN, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court