Matter of Cook v Sierra
Motion No: 2019-13271
Slip Opinion No: 2020 NY Slip Op 72045(U)
Decided on September 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M273152

E/sl

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2019-13271

In the Matter of Ashleigh Cook, respondent,

v Benjamin Sierra, Jr., appellant.

(Docket Nos. V-06530-2013/2019A,

V-06530-2013/2019B, V-06530-2013/2019C)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Dutchess County, dated September 10, 2019. Motion by the respondent, inter alia, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record. Cross motion by the attorney for the child, inter alia, to increase the frequency of the appellant's visitation with the subject child, pending hearing and determination of the appeal, to make the caption anonymous, and to extend the time to serve and file a brief.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to extend the attorney for the child's time to serve and file a brief is granted and the attorney for the child's time to serve and file a brief is extended, pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]) the respondent's time to serve and file a brief is extended, and on or before October 23, 2020, the attorney for the child and the respondent shall serve their respective briefs and upload digital copies of their respective briefs, with proof of service thereof, through the digital portal on this Court's website, and the attorney for the child and the respondent shall file an original and five hard copies of their respective briefs in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the cross motion is otherwise denied.

SCHEINKMAN, P.J., LASALLE, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court