Appellate Division: Second Judicial Department

M286709

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2021-05255, 2021-05418, 2021-05420, 2021-05422 Caitlin Fitzrandolph Bos, appellant, v Gerard Pierpont Bos, respondent. (Index No. 2095/2016)

DECISION & ORDER ON MOTION

Appeals from four orders of the Supreme Court, Westchester County, three dated July 20, 2021, and one dated July 22, 2021, respectively. Motion by the respondent, inter alia, to strike the appendix as inadequate and on the ground that it contains matter dehors the record and to dismiss the appeals, or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to strike the appendix is granted, and on or before March 6, 2023, the appellant shall serve and file, via NYSCEF, a replacement appendix which contains the settled transcript of the proceedings of the custody trial as well as all of the exhibits entered into evidence at the custody trial, and which does not contain the materials contained on pages A.1548 through A.1685 of the appendix; and it is further,

ORDERED that the branch of the motion which is for an extension of time to serve and file a brief is granted, and on or before May 5, 2023, the respondent shall serve and file the respondent's brief via NYSCEF; and it is further,

ORDERED that on the Court's own motion, on or before May 5, 2023, the attorney for the child shall serve and file a brief via NYSCEF; and it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., MILLER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court