Appellate Division: Second Judicial Department

M276133

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

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 appellant, inter alia, to strike the respondent's brief on the ground that it refers to matter dehors the record and, in effect, for leave to withdraw her reply and to serve and file a replacement reply 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 strike the respondent's brief is granted, the respondent's brief is stricken, and on or before April 16, 2021, the respondent shall serve and file a replacement brief, via NYSCEF, which does not refer to matter dehors the record, and the respondent shall file an original and five hard copies of the respondents' 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is, in effect, for leave to withdraw her reply and to serve and file a replacement reply brief is granted, the reply is withdrawn, on or before May 3, 2021, the appellant shall serve and file a replacement reply brief, via NYSCEF, and the appellant shall file an original and five hard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 motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court