Opinion
Motion No 2022-00398 Docket Nos. V-1148-2019/2020C V-1147-2019/2020C V-1149-2019/2020C
05-20-2024
In the Matter of Melanie Collins, respondent, v. Jerrod Lang, appellant.
Unpublished Opinion
MOTION DECISION
M296515
AFA/VALERIE BRATHWAITE NELSON, J.P., LINDA CHRISTOPHER, DEBORAH A. DOWLING, LAURENCE L. LOVE, JJ.
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.