| Vigo v 501 Second Street Holding Corp. |
| Motion No: 2009-03687 |
| Slip Opinion No: 2010 NY Slip Op 69237(U) |
| Decided on April 21, 2010 |
| 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
M101683
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
ANITA R. FLORIO
LEONARD B. AUSTIN, JJ.
|
2009-03687
Norma Vigo, plaintiff-respondent, v 501 Second Street Holding Corp., appellant, Gihon, LLC, et al., defendants-respondents, et al., defendants (and a third-party action). (Index No. 38083/06)
| ORDER TO SHOW CAUSE |
Motion by Gihon, LLC, and Nachum Davidovitch to strike the appellant's appendix and brief on an appeal from an order of the Supreme Court, Kings County, dated March 2, 2009, on the ground that the appellant failed to serve them with the appellant's appendix and brief, to impose a sanction upon the appellant and for an award of an attorney's fee and costs, and to enlarge the time to serve and file a brief. Application by Norma Vigo pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the applications, it is
ORDERED that counsel for the parties show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate (see 22 NYCRR 130-1.1[c][2] and [3]) on the appellant's attorney, the ground that statements in the opposition papers to the motion to dismiss were made to harass or maliciously injure another and asserted material factual statements that were false, by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before May 20, 2010; and it is further,
ORDERED that the motion and applications are held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for all parties by regular mail.
RIVERA, J.P., FISHER, FLORIO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court