| Matter of Schmerler v Schmerler |
| Motion No: 2024-00807 |
| Slip Opinion No: 2025 NY Slip Op 74140(U) |
| Decided on August 8, 2025 |
| 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
M307107
AFA/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2024-00807 In the Matter of Malka Schmerler, respondent, v Simon Schmerler, appellant. (Docket No. O-16940-2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Kings County, dated December 11, 2023.
Motion by the respondent for leave to serve and file an amended brief omitting references to certain materials that are 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, and on or before September 8, 2025, the respondent shall serve and file a replacement brief omitting references to email correspondence dated November 28, 2023, November 29, 2023, and December 10, 2023, and which is in all other respects the same as the brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court