Matter of J. (Anonymous) Joshua; J. (Anonymous), Christopher; Westches
Motion No: 2022-02833
Slip Opinion No: 2023 NY Slip Op 63315(U)
Decided on March 13, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287826

KS/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2022-02833

In the Matter of Joshua J. (Anonymous).

Westchester County Department of Social

Services, petitioner-respondent;

Tameka J. (Anonymous), respondent-appellant.

(Proceeding No. 1)

In the Matter of Christopher J. (Anonymous).

Westchester County Department of Social

Services, petitioner-respondent;

Tameka J. (Anonymous), respondent-appellant.

(Proceeding No. 2)

(Docket Nos. NN-10484-2018, NN-10485-2018)

DECISION & ORDER ON MOTION

Appeal by Tameka J. from an order of the Family Court, Westchester County, dated March 25, 2022. Motion by the appellant to strike the respondent's brief and stated portions of the brief of the attorney for the child Christopher J. on the ground that they refer to matter dehors the record and to extend the time to serve and file a 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 on the ground that it refers to matter dehors the record is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the brief of the attorney for the child Christopher J. on the ground that they refer to matter dehors the record is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended, and on or before April 13, 2023, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., GENOVESI, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court