Stephane Cosman Connery and v Burton S. Sulton .

Motion No: M-4117

Slip Opinion No: 2018 NYSlipOp 84323(U)

Decided on September 25, 2018

Appellate Division, First 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.

September 25, 2018

Stephane Cosman Connery and

Micheline Connery,

Plaintiffs-Respondents,

v

Burton S. Sulton,

Defendant-Appellant.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about February 15, 2018, and said appeal having been perfected, And an order of this Court having been entered on June 26, 2018 [Corrected Order July 24, 2018](M-2521/M-2691), inter alia, dismissing the aforesaid appeal, and denying defendant-appellant's cross motion for the imposition of costs and sanctions against plaintiff-respondent's counsel. Said order also enjoined defendant-appellant from filing a notice of appeal, appellate papers or motions related to this action without prior leave of this Court,And defendant-appellant, pro se, having moved for

reargument of the order of this Court entered on June 26, 2018 (M-2521/M-2691), for reinstatement of the appeal, and for costs and sanctions to be imposed against plaintiffs-respondents or in the alternative, for leave to appeal this Court's June 26, 2018 order to the Court of Appeals,(M-3668), And plaintiffs-respondents having cross-moved for the imposition of costs and sanctions against defendant-appellant for frivolous conduct with respect to filing a new motion with this Court in contravention of the July 24, 2018 order(M-4117), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion (M-3668) is denied. The cross motion is denied, as unnecessary, pursuant to this Court's Corrected Order of July 24, 2018. Sua sponte, the appeal is stricken from this Court's calendar. ENTERED: September 25, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern,Justices

M-4117

M-3668

Index No. 401336/05