| Matter of Collins v Lang |
| Motion No: 2022-00398 |
| Slip Opinion No: 2024 NY Slip Op 67978(U) |
| Decided on May 20, 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
M296515
AFA/
VALERIE BRATHWAITE NELSON, J.P.
LINDA CHRISTOPHER
DEBORAH A. DOWLING
LAURENCE L. LOVE, JJ.
|
2022-00398 In the Matter of Melanie Collins, respondent, v Jerrod Lang, appellant. (Docket Nos. V-1148-2019/2020C, V-1147-2019/2020C, V-1149-2019/2020C)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Orange County, dated November 22, 2021. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appendix contains matter dehors the record and the appellant's brief refers to matter dehors the record 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 thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appendix contains matter dehors the record and the appellant's brief refers to matter dehors the record is granted to the extent that the appendix and appellant's brief are stricken, and on or before June 20, 2024, the appellant shall serve and file a replacement appendix and a replacement brief that do not contain or refer to matter dehors the record, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement appendix and replacement brief and upload a digital copy of the replacement appendix and replacement brief, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before July 22, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the 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.
BRATHWAITE NELSON, J.P., CHRISTOPHER, DOWLING and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court