Opinion
V-3704-2018/2021J V-3705-2018/2021J(3)
02-14-2022
In the Matter of Ashley J. Hogan, appellant, v. Luther C. Smith, respondent. Motion No. 2021-05856
Unpublished Opinion
MOTION DECISION
BETSY BARROS, J.P. CHERYL E. CHAMBERS JOSEPH A. ZAYAS DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Family Court, Dutchess County, dated June 30, 2021. Motion by the attorney for the children to dismiss the appeal on the ground that it has been rendered academic or, in the alternative, to strike the appellant's brief on the ground that it refers to matters dehors the record and to enlarge the record to include certain material.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to strike the appellant's brief on the ground that it refers to matters dehors the record is granted, the briefs filed by the appellant and the attorney for the child are stricken, and on or before March 16, 2022, the appellant shall serve a replacement brief which does not contain the following material: (1) the third sentence in the paragraph at the bottom of page 1, which states "She called her counsel about her actions an hour and a half later at 4 PM."; (2) the first paragraph on page 3 and Point II on pages 25 and 26; (3) the last paragraph on page 13, which begins with the words "The mother's counsel" and ends with the words "have been relieved"; and (4) the phrase "she told her counsel an hour and a half after she was due in court;" in item "a" at the top of page 23; and it is further, ORDERED that the motion is otherwise denied.
BARROS, J.P., CHAMBERS, ZAYAS and DOWLING, JJ., concur.