Appellate Division: Second Judicial Department

M230847

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-09347 Joseph A. F. Sadowski, appellant, v David W. Harmon, defendant-respondent; Wendy K. Cardali, nonparty-respondent. (Index No. 4441/13)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2016, inter alia, for leave to reargue his prior motion, inter alia, for poor person relief, which was determined by decision and order on motion of this Court dated January 4, 2017, and "to add the name of Andrew Polin, Esq. as to the filing of Form B for disciplinary [a]ction." Cross motion by the defendant-respondent to dismiss the appeal for failure to comply with the decision and order on motion of this Court dated January 4, 2017, which directed the appellant to file security for costs, pursuant to CPLR 8501, and to preclude the appellant from, inter alia, "commencing any further litigation" against him or his attorney without prior leave of this Court. Separate cross motion by the nonparty Andrew Polin to preclude the appellant from filing "any additional documents" with this Court or any other court in New York, including but not limited to additional motions or lawsuits, without prior leave of this Court.

Upon the papers filed in support of the motion and the cross motions, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to comply with so much of the decision and order on motion of this Court dated January 4, 2017, as directed the appellant to file security for costs, pursuant to CPLR 8501, is extended, and the appellant is directed to deposit the sum of $250 in cash or bond with the Clerk of the Supreme Court, Nassau County, on or before June 23, 2017; and it is further,

ORDERED that the cross motion by the defendant-respondent is denied; and it is further,

ORDERED that the cross motion by the nonparty Andrew Polin is granted to the extent that the appellant is precluded from filing any further motions or applications regarding Andrew Polin in connection with this appeal, and his cross motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record to be filed in the office of the Clerk of the Court (see 22 NYCRR 670.9 [d][2]) and by serving and filing a brief is enlarged until June 26, 2017.

DILLON, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court