| Matter of P. (Anonymous), Raziya; Administration for Children's Servic |
| Motion No: 2022-02362 |
| Slip Opinion No: 2024 NY Slip Op 66596(U) |
| Decided on April 24, 2024 |
| 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
M295966
AFA/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
BARRY E. WARHIT
CARL J. LANDICINO, JJ.
|
2022-02362, 2022-02363 In the Matter of Raziya P. (Anonymous). Administration for Children's Services, petitioner-respondent; Damion P. (Anonymous), respondent-appellant. (Docket No. N-12496-2020)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Family Court, Kings County, dated March 22, 2022, and October 27, 2021, respectively. Motion by the appellant to strike stated portions of the brief of the attorney for the child 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 stated portions of the brief of the attorney for the child is granted to the extent that the material beginning on page 2 of the brief with the words, "On August 5, 2011" and ending on page 6 of the brief with the words, "and Tuesdays, from 5:00 to 8:00 p.m.," the paragraph on page 9 of the brief beginning with the words, "On March 3, 2021" and ending with the words, "an updated report from ACS," the paragraph on page 52 of the brief beginning with the words, "Indeed, according to" and ending with the words, "by choking her," and all material citing to the attorney for the child's notes in the brief are stricken, and on or before May 24, 2024, the attorney for the child shall serve and file a replacement 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, 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 branch of the motion which is to extend the time to serve and file a reply brief is granted and on or before June 10, 2024, the appellant shall serve and file a 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.
BARROS, J.P., MALTESE, WARHIT and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court