Opinion
Motion No: M-1771
05-23-2017
James P. McG., Plaintiff-Respondent, CONFIDENTIAL v. Jodi A. McG., Defendant-Appellant.
An appeal having been taken to this Court from the amended judgment of divorce of the Supreme Court, New York County, entered on or about March 7, 2016, and said appeal having been perfected, And plaintiff-respondent having moved for dismissal of the aforesaid appeal or, in the alternative, striking appellant's brief and appendix, for adjournment of the appeal, and for the award of costs with respect to filing this motion,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of (1) ordering defendant to file a supplemental appendix, which shall include documents to which defendant refers in the appellant's brief at pp. 1-5, including Exh. G and H to the Douglas Affirmation and the underlying motion papers; (2) striking pp. A18-A79 of defendant-appellant's appendix, and directing defendant-appellant to physically excise those pages from all copies of the appendix withing 15 days of entry of this order; and (3) striking defendant-appellant's brief, with leave to submit a corrected brief inclusive of citations to the supplemental appendix, and which omits all reference to the materials stricken from the appendix as above, on or before July 10, 2017, for the September 2017 Term. The motion, to the extent it seeks dismissal of the aforesaid appeal, is denied, without prejudice to plaintiff-respondent filing a supplemental appendix, with costs to abide the event, if so advised.
ENTERED: May 23, 2017
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Karla Moskowitz Paul G. Feinman Judith J. Gische Marcy L. Kahn,Justices
M-1771
Index No. 350117/12