Ricky Zegelstein M.D. Custom Anesthesia v Michael J. Faust M.D. et al.

Motion No: M-2257

Slip Opinion No: 2019 NYSlipOp 75858(U)

Decided on July 23, 2019

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.

July 23, 2019

Ricky Zegelstein, M.D., Custom Anesthesia

Services, P.C., and Innovative Anesthesia

Solutions, P.C.,

Plaintiffs-Appellants,

v

Michael J. Faust, M.D., et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about June 12, 2017, and said appeal having been perfected, And plaintiffs-appellants having moved: to strike the appellate briefs of defendants Michael Krumholz, M.D. and Haroom Chaudry, M.D., and to restrain them from addressing certain stricken material; for a finding of civil contempt against Krumholz, Chaudry and their respective counsel, and for the imposition of $100,000 in sanctions; and for an extension of time to file a reply brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of striking references to a certain legal malpractice action and the electronic docket for that case, in footnotes 3 and 5 on p. 37, first full paragraph, in the Krumholz brief, and on pages 15-16, first full paragraph, third and fourth sentence of the Chaudry

brief, and references to the amended complaint in the Federal action, and the electronic docket for that case on pp. 31-32 of the Krumholz brief. The motion is otherwise denied. ENTERED: July 23, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom, Justices

M-2257

Index No. 651198/14