| Schwartz v Schwartz |
| Motion No: 2019-12526 |
| Slip Opinion No: 2020 NY Slip Op 68435(U) |
| Decided on July 10, 2020 |
| 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
M271806
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2019-12526 Lisa J. Schwartz, appellant, v David H. Schwartz, respondent. (Index No. 3621/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated October 8, 2019. Renewed motion by the respondent for a preference in the calendaring of the appeal. Motion by the respondent to strike a stated portion of the brief filed by the attorney for the child on the ground that it refers to matter dehors the record and, in effect, to recalendar oral argument of the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for a preference in the calendaring of the appeal is denied as academic, as the appeal was calendared on June 29, 2020; and it is further,
ORDERED that the motion to strike a stated portion of the brief filed by the attorney for the child on the ground that it refers to matter dehors the record and, in effect, to recalendar oral argument of the appeal is denied.
RIVERA, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court