Matter of Warren, deceased
2026 NY Slip Op 66568(U)
April 20, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
In the Matter of Joseph Oliver Warren, deceased. Natasha Magnum, et al., appellants. Shauna Nesmith, respondent. (File No. 134/2022)
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
April 20, 2026
2025-06701
Colleen D. Duffy, J.P.
Betsy Barros
Barry E. Warhit
Lisa S. Ottley, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Surrogate's Court, Orange County, dated November 18, 2024. Motion by the appellants, inter alia, to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record. Motion by the respondent to strike stated portions of the appellants' reply brief on the ground they refer to matter dehors 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 motion by the appellants is granted to the extent that the word "now" on page 25 of the respondent's brief is stricken, and on or before May 20, 2026, the respondent shall serve and file a replacement respondent's brief that does not contain the stricken material and is in all other respects the same as the brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement respondent's brief and upload digital copies of the replacement respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion by the respondent is granted to the extent that the second paragraph on page 1, the footnote on page 1 beginning with the words "Respondent's brief," the footnote on page 1 beginning with the words "Respondent also misleads" and ending with the words"unacceptable to Appellants," on page 9 the words "(now deceased)," and on page 9 beginning with the words "that Decedent and Rosemond" and ending with the words "estate than Rosemond," of the reply brief are stricken, and on or before May 20, 2026, the appellants shall serve and file a replacement reply brief that does not contain the stricken material and is in all other respects the same as the brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement reply brief and upload digital copies of the replacement reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motions are otherwise denied.
DUFFY, J.P., BARROS, WARHIT and OTTLEY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court