| Lieberman-Massoni v Massoni |
| Motion No: 2019-06610 |
| Slip Opinion No: 2020 NY Slip Op 70000(U) |
| Decided on August 17, 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
M272359
E/sl
RUTH C. BALKIN, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2019-06610 Stacee Lieberman-Massoni, respondent-appellant, v John Massoni, appellant-respondent. (Index No. 2175/2012)
| DECISION & ORDER ON MOTION |
Appeal and cross appeal from an order of the Supreme Court, Westchester County, dated April 30, 2019. Motion by the respondent-appellant to strike stated portions of the appellant-respondent's brief on the ground that they refer to matter dehors the record or raise issues not properly before this Court, and to extend the time to serve and file an answering brief.
Upon the papers filed in support of the motion 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-respondent's brief on the ground that they refer to matter dehors the record and the branch of the motion which is to strike Point IV of the appellant-respondent's brief on the ground that it raises issues not properly before this Court are held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), is granted, the time to serve and file the answering brief is extended, and on or before September 11, 2020, the respondent-appellant shall serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the answering brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., MILLER, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court