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Bos v. Bos

Supreme Court of New York, Second Department
Jan 6, 2023
2023 N.Y. Slip Op. 60172 (N.Y. App. Div. 2023)

Opinion

Motion Nos. 2021-05255 2021-05418 2021-05420 2021-05422 Index No. 2095/2016

01-06-2023

Caitlin Fitzrandolph Bos, appellant, v. Gerard Pierpont Bos, respondent.


Unpublished Opinion

MOTION DECISION

COLLEEN D. DUFFY, J.P. ROBERT J. MILLER BARRY E. WARHIT JANICE A. TAYLOR, JJ.

DECISION & ORDER ON MOTION

Appeals from four orders of the Supreme Court, Westchester County, three dated July 20, 2021, and one dated July 22, 2021, respectively. Motion by the respondent, inter alia, to strike the appendix as inadequate and on the ground that it contains matter dehors the record and to dismiss the appeals, 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 and in relation thereto, it is

ORDERED that the branch of the motion which is to strike the appendix is granted, and on or before March 6, 2023, the appellant shall serve and file, via NYSCEF, a replacement appendix which contains the settled transcript of the proceedings of the custody trial as well as all of the exhibits entered into evidence at the custody trial, and which does not contain the materials contained on pages A.1548 through A.1685 of the appendix; and it is further, ORDERED that the branch of the motion which is for an extension of time to serve and file a brief is granted, and on or before May 5, 2023, the respondent shall serve and file the respondent's brief via NYSCEF; and it is further, ORDERED that on the Court's own motion, on or before May 5, 2023, the attorney for the child shall serve and file a brief via NYSCEF; and it is further, ORDERED that the motion is otherwise denied.

DUFFY, J.P., MILLER, WARHIT and TAYLOR, JJ., concur.


Summaries of

Bos v. Bos

Supreme Court of New York, Second Department
Jan 6, 2023
2023 N.Y. Slip Op. 60172 (N.Y. App. Div. 2023)
Case details for

Bos v. Bos

Case Details

Full title:Caitlin Fitzrandolph Bos, appellant, v. Gerard Pierpont Bos, respondent.

Court:Supreme Court of New York, Second Department

Date published: Jan 6, 2023

Citations

2023 N.Y. Slip Op. 60172 (N.Y. App. Div. 2023)