Opinion
DOCKET NO. CA 15-00544
06-19-2017
IN THE MATTER OF JANE F. NIETHE, AS PARENT AND NATURAL GUARDIAN FOR LEAVE TO CHANGE MINORS' NAMES TO DOMINIC ROBERT MCCARTHY AND DILLAN LEONARD MCCARTHY, PETITIONER-RESPONDENT; v. DANIEL W. DEPERNO, RESPONDENT-APPELLANT.
PRESENT:
Petitioner having moved to strike various aspects of appellant's reply brief that are outside the record on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Niagara on March 3, 2015,
Now, upon reading and filing the affidavit of Erin E. McCampbell, Esq., sworn to May 4, 2017, the notice of motion with proof of service thereof, and the affidavit of Daniel W. DePerno sworn to May 23, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that those portions of the reply brief that petitioner moves to strike are hereby deemed stricken insofar as they reference matters that are outside the record.
Entered: June 19, 2017
Frances E. Cafarell, Clerk