Opinion
Motion Nos. 2022-07346 2022-07348 Nos. F-11125-2019/2019B F-11125-2019/2020D/E
07-24-2024
In the Matter of Valerie O'Connor, appellant, v. Kenneth Shaw, respondent.
Unpublished Opinion
MOTION DECISION
FRANCESCA E. CONNOLLY, J.P. WILLIAM G. FORD BARRY E. WARHIT HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Appeals by Valerie O'Connor from two orders of the Family Court, Westchester County, dated June 21, 2022, and April 8, 2022, respectively. Motion by the respondent to dismiss the appeals, or in the alternative, to strike the reply brief on the ground that the reply brief refers to matter dehors the record.
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 appeals is denied; and it is further, ORDERED that the branch of the motion which is strike the appellant's reply brief is granted to the extent that the following is stricken from the reply brief: (1) the paragraph which begins on page 3 with the words "It is important," and ends on page 4 with the words "increased support," (2) the paragraph which begins on page 8 with the words "By notice," and ends on page 9 with the words "gross income of $230,000," (3) the paragraph on page 9 beginning with the words "It is unclear," and ending with the words "of child support," (4) the paragraph on page 10 beginning with the word "Respondent," and ending with the words "increased over 15%," and (4) the second sentence of the final paragraph which begins on page 11 with the words "In fact," and ends on page 12 with the words "proved otherwise," and on or before August 23, 2024, the appellant shall serve and file a replacement reply brief that does not contain the stricken material and is in all other respects the same as the reply brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement reply brief and upload a digital copy of the replacement reply brief with proof of service thereof, through the digital portal on this Court's website.
CONNOLLY, J.P., FORD, WARHIT and VOUTSINAS, JJ., concur.