Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M274590

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2019-12259 In the Matter of Saphora Magana, appellant, v Dirk Delph, respondent-respondent, et al., respondent. (Proceeding No. 1) In the Matter of Dirk Delph, respondent, v Saphora Magana, appellant. (Proceeding No. 2) (Docket Nos. V-25163-2016, 2017C, 2017D, V-25707-2016, 2017C, 2017D)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated October 23, 2019. Motion by Dirk Delph to strike transcripts of proceedings which occurred on July 14, 2017, October 26, 2017, October 27, 2017, March 27, 2018, January 16, 2019, and January 18, 2019, from the original papers, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record, and to extend the time to serve and file a brief, or, in the alternative, to dismiss the appeal on the ground that the appellant's brief refers to matter dehors the record.

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's brief on the ground that they refer to matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend Dirk Delph's time to serve and file a brief is granted, Dirk Delph's time to serve and file a brief is extended, and on or before January 19, 2021, Dirk Delph shall serve a brief and upload digital copies of the brief, with proof of service thereof, through the digital portal on this Court's website, and Dirk Delph shall file an original and five hard copies of Dirk Delph'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.

MASTRO, J.P., RIVERA, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court