| Matter of R. (Anonymous), Tamar |
| Motion No: 2021-04644 |
| Slip Opinion No: 2022 NY Slip Op 74805(U) |
| Decided on November 23, 2022 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M286059
AFA/
COLLEEN D. DUFFY, J.P.
REINALDO E. RIVERA
LARA J. GENOVESI
JANICE A. TAYLOR, JJ.
|
2021-04644 In the Matter of Tamar R. (Anonymous). Dan R. (Anonymous), respondent; Tamar R. (Anonymous), appellant. (Index No. 708253/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated May 21, 2021. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to strike the record on the ground that it is inadequate and contains matter dehors the record, and to strike the appellant's brief on the ground that it 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 dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is strike the record is granted to the extent that on or before December 23, 2022, the appellant shall serve and file a replacement record that does not contain the material on pages 29 through 39 of the record filed with the Clerk of the Court and that does contain Supreme Court NYSCEF Document No. 1, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is to strike the appellant's brief on the ground that it refers to matter dehors the record is granted and on or before December 23, 2022, the appellant shall serve and file a replacement brief that does not refer to the material on pages 29 through 39 of the record filed with the Clerk of the Court, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion is otherwise denied.
DUFFY, J.P., RIVERA, GENOVESI and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court