In the Matter of the Application of Jay Sarkar

Motion No: M-7995

Slip Opinion No: 2019 NYSlipOp 84059(U)

Decided on November 8, 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.

November 8, 2019

In the Matter of the Application of

Jay Sarkar,

Petitioner-Appellant,

For a Judgment Under and Pursuant toArticle 78 of the Civil Practice Lawand Rules,

v

The City of New York, et al.,

Respondents-Respondents.

An appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about August 7, 2017, and said appeal having been perfected, And petitioner-appellant having moved for an order striking the respondents' brief, declaring respondent in default on the appeal, imposing sanctions on respondent and respondent's counsel for frivolous conduct, and granting petitioner an extension of time to file a reply brief and other relief, 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 denied. ENTERED: November 8, 2019

_____________________ CLERK

The following order was entered and filed on November 8, 2019:

Present - Hon. David Friedman,Justice Presiding, Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-7995

Index No. 150147/17