CUCS Housing Development Fund v

Motion No: M-8797

Slip Opinion No: 2020 NYSlipOp 60364(U)

Decided on January 9, 2020

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.

January 9, 2020

CUCS Housing Development Fund

Corporation IV, CUCS West 127th Street

LLC, and Center for Urban Community

Services, Inc., Petitioners-Respondents,

v

Clifford S. Aymes,

Respondent-Appellant.

An appeal (Case No. 2019-21230) having been taken by respondent from an order of the Supreme Court, New York County, entered on or about February 26, 2019, and the appeal having been perfected, And respondent-appellant, having moved, pro se, for an order (1) striking petitioners-respondents' appendix; (2) striking the portions of petitioners-respondents' brief which are allegedly false, unsupported or based on materials dehors the record; (3) striking questions and/or arguments allegedly raised by petitioners-respondents in their brief for the first time on appeal; (4) prohibiting Christopher M. Slowik, Esq. from appearing for petitioners-respondents at oral argument; (5) sanctioning petitioners-respondents; (6) allowing respondent-appellant to present a certain exhibit during oral argument; and (7) requiring petitioners-respondents to file a replacement brief removing all segments that are stricken by this Court (M-8796), And petitioners-respondents having cross-moved for an order enjoining respondent-appellant from further motion practice in this Court, without prior leave, and for sanctions pursuant to 22 NYCRR 130-1.1 (M-8797),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-8796) is granted to the extent of deeming those portions of petitioners-respondents' appendix relating to events that post-date the February 26, 2019 order appealed from, stricken, and is otherwise denied, and It is further ordered that the cross motion (M-8797) is denied. ENTERED: January 9, 2020

_____________________ CLERK

Present: Hon. Sallie Manzanet-Daniels, Justice Presiding,Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices

M-8797

M-8796

Index No. 159303/18