| East Coast Athletic Club, Inc. v Chicago Title Insurance |
| Motion No: 2005-08039 +1 |
| Slip Opinion No: 2006 NYSlipOp 68426(U) |
| Decided on May 9, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M39439
T/sl
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2005-08039, 2005-08985 East Coast Athletic Club, Inc., et al., appellants, v Chicago Title Insurance Company, respondent. (Index No. 4083/05)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Nassau County, dated June 21, 2005, and August 23, 2005, respectively, on the ground that the record filed by the appellants is inaccurate, and to impose sanctions upon the appellants and their attorney for pursuing a frivolous appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion the record, the appellants' brief, and the respondent's brief are stricken; and it is further,
ORDERED that on or before June 9, 2006, the appellant shall serve and file a replacement record and brief which includes the correct affirmation of the respondent's attorney submitted in support of the motion which resulted in the order on appeal dated June 21, 2005; and it is further,
ORDERED that the branch of the motion which is to impose sanctions upon the appellants and their attorney is denied without prejudice to the respondent raising the issue in its brief on the appeal; and it is further,
ORDERED that the motion is otherwise denied.
CRANE, J.P., MASTRO, SKELOS and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court