Matter of Reed v Delhomme
Motion No: 2015-00370
Slip Opinion No: 2015 NY Slip Op 91965(U)
Decided on November 30, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M202358

E/ct

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2015-00370

In the Matter of Heyward D. Reed, et al.,

petitioners, v Demeza Delhomme, respondent.

DECISION & ORDER ON MOTION

Motion by the respondent to disqualify the petitioners' counsel in a proceeding pursuant to Public Officers Law § 36, and to strike stated portions of the petition.

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 disqualify the petitioners' counsel is granted, and William A. Gerard is disqualified from representing the petitioners in the above-entitled proceeding; and it is further,

ORDERED that no further proceedings shall be taken against the petitioners, without leave of the Court, until the expiration of 30 days after service upon them of a copy of this decision and order on motion (see CPLR 321[c]); and it is further,

ORDERED that on or before December 15, 2015, the attorney for the respondent is directed to serve the petitioners and their attorney with a copy of this decision and order on motion by one of the methods specified in CPLR 2103 (c), and shall file proof of such service with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the petition is held in abeyance and referred to the panel of Justices hearing the proceeding for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the petitioners' time to serve and file a brief, if any, is enlarged until January 15, 2016, and the petitioners' brief must be served and filed on or before that date; and it is further,

November 30, 2015 Page 1.

ORDERED that on the Court's own motion, the respondent may serve and file a brief, if any, on or before February 20, 2016; and it is further,

ORDERED that on the Court's own motion, the petitioners may serve and file a reply brief, if any, on or before March 4, 2016.

HALL, J.P., SGROI, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

November 30, 2015 Page 2.