Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275199

E/sl

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2020-00938 In the Matter of Elizabeth Mondschein, appellant, v Craig Mondschein, respondent. (Docket Nos. V-06892-18/18C, V-06893-18/18C, V-06892-18/18D, V-06893-18/18D, V-07156-11/19 V-07158-11/19P, V-06892-18/18E, V-06893-18/18E V-07156-11/19E, V-07158-11/19E, V-06892-18/19F V-06893-18/19F, V-07158-11/19S)

DECISION & ORDER ON MOTION B, , ,

Appeal from an order of the Family Court, Westchester County, dated December 27, 2019. Motion by the appellant to strike the brief filed by the attorney for the child on the ground that it refers to matter dehors the record. Separate motion by the respondent to dismiss the appeal on the grounds that the appellant's brief raises arguments that are not properly before this Court, and fails to properly cite to the record.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is granted and on or before March 12, 2021, the attorney for the child shall serve a replacement brief that does not refer to matter dehors the record, and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website, and the attorney for the child shall file an original and five hard copies of the brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the respondent's motion is denied.

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court