Appellate Division: Second Judicial Department

M288871

AFA

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2022-02816 In the Matter of Lorenzo Dellorusso, appellant, v Dawn Dellorusso, respondent. (Docket Nos. F-1400-2021/21A, F-08594-2020/20A/B/C)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Westchester County, dated March 30, 2022. Motion by the appellant to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that footnote 1 on page 12 of the respondent's brief and the text in the second paragraph on page16 of the respondent's brief beginning with the words, "It was not until Appellee's trial," through the end of that paragraph on page 16, ending with the words "when requested and ordered," is stricken, and on or before June 12, 2023, the respondent shall serve and file, via NYSCEF, 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, and the motion is otherwise denied.

DUFFY, J.P., FORD, DOWLING and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court