In re Raziya P.

• Docket Number: Motion Nos. 2022-02362,2022-02363,Docket No. N-12496-2020
• Decision Date: 24 April 2024
• Citation: 2024 NY Slip Op 66596 (U)
• Parties: In the Matter of Raziya P. (Anonymous). Administration for Children's Services, petitioner-respondent; Damion P. (Anonymous), respondent-appellant.
• Court: New York Supreme Court — Appellate Division

2024 NY Slip Op 66596(U)

In the Matter of Raziya P. (Anonymous). Administration for Children's Services, petitioner-respondent; Damion P. (Anonymous), respondent-appellant.

Motion Nos. 2022-02362, 2022-02363, Docket No. N-12496-2020

Supreme Court of New York, Second Department

April 24, 2024

Unpublished Opinion

MOTION DECISION

M295966

BETSY BARROS, J.P., JOSEPH J. MALTESE, BARRY E. WARHIT, CARL J. LANDICINO, JJ.

DECISION & ORDER ON MOTION

Appeals from two orders of the Family Court, Kings County, dated March 22, 2022, and October 27, 2021, respectively. Motion by the appellant to strike stated portions of the brief of the attorney for the child on the ground that they refer to matter dehors the record and to extend the time to serve and file a reply 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 strike stated portions of the brief of the attorney for the child is granted to the extent that the material beginning on page 2 of the brief with the words, "On August 5, 2011" and ending on page 6 of the brief with the words, "and Tuesdays, from 5:00 to 8:00 p.m.," the paragraph on page 9 of the brief beginning with the words, "On March 3, 2021" and ending with the words, "an updated report from ACS," the paragraph on page 52 of the brief beginning with the words, "Indeed, according to" and ending with the words, "by choking her," and all material citing to the attorney for the child's notes in the brief are stricken, and on or before May 24, 2024, the attorney for the child shall serve and file a replacement brief that does not contain the stricken material and is in all other respects the same as the brief previously filed, via NYSCEF, if applicable, or if NYSCEF is not mandated, upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted and on or before June 10, 2024, the appellant shall serve and file a reply...