Appellate Division: Second Judicial Department

M275363

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2019-10512 Xavier Castro, appellant, v Vilma Kaminski, etc., respondent. (Index No. 2500/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, entered June 25, 2019. Motion by the appellant to strike briefs of the respondent and the attorney for the children on the ground that they refer to matter dehors the record, to extend the time to serve and file a reply brief, and for an award of costs and an attorney's fee and to impose sanctions upon the respondent and the attorney for the children. Cross motion by the attorney for the children to dismiss the appeal on the ground that no appeal lies from an order which directs a hearing to aid in the disposition of a motion.

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

ORDERED that the branch of the motion which is to strike briefs of the respondent and the attorney for the children is granted, on or before March 3, 2021, the respondent and the attorney for the children shall serve the replacement briefs which do not refer to matter dehors the record and upload digital copies of the replacement briefs, with proof of service thereof, through the digital portal on this Court's website, and the respondent and the attorney for the children shall file an original and five hard copies of their respective replacement briefs 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 extend the appellant's time to serve and file a reply brief is granted, on or before March 18, 2021, the appellant shall serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the reply brief 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 for an award of costs and an attorney's fee and to impose sanctions upon the respondent and the attorney for the children is denied; and it is further,

ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

AUSTIN, J.P., MILLER, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court