| Kassenoff v Kassenoff |
| Motion No: 2020-06187 |
| Slip Opinion No: 2020 NY Slip Op 75468(U) |
| Decided on December 2, 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
M274345
E/sl
WILLIAM F. MASTRO, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
PAUL WOOTEN, JJ.
|
2020-06187 Allan Kassenoff, respondent, v Catherine Kassenoff, appellant. (Index No. 58217/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated July 11, 2020. Motion by the respondent to dismiss the appeal on the ground that the record contains matter dehors the record and is inadequate or, in the alternative, to strike stated portions of the record and references to that material in the appellant's brief and to extend the time to serve and file a respondent's 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 dismiss the appeal is denied on condition that on or before January 4, 2021, the appellant serve and file, via NYSCEF, a replacement record that does not contain the material on pages 55 through 142, 206 through 223, 265 through 292, and 316 through 327 of the record and that does contain a complete copy of the document which was annexed as Exhibit B to the affidavit of Catherine Kassenoff dated March 9, 2020, filed in connection with the motion and cross motion that were determined by the order July 11, 2020, and the appellant file an original and five hard copies of the replacement record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief is granted, on or before January 4, 2021, the appellant shall serve and file, via NYSCEF, a replacement appellant's brief that does not refer to the material on pages 55 through 142, 206 through 223, 265 through 292, and 316 through 327 of the record, and the appellant shall file an original and five hard copies of the replacement appellant's 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 as academic.
MASTRO, J.P., BARROS, CONNOLLY and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court