Appellate Division: Second Judicial Department

M269771

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2019-00584 Anthony Hall, appellant, v Athanasios Bouklis, respondent. (Index No. 7664/14)

ORDER TO SHOW CAUSE

Motion by the respondent, inter alia, to strike a certain videotape recording from the record on an appeal from a judgment of the Supreme Court, Kings County, entered October 31, 2018, and to extend the time to serve and file a brief. By decision and order on motion of this Court dated August 7, 2019, the matter was remitted to the Supreme Court, Kings County, to hear and report on whether the subject videotape, contained in the record on appeal at page R 223, is an accurate copy of the videotape submitted to the Supreme Court, Kings County, and the motion was held in abeyance in the interim. The Supreme Court, Kings County, has filed its report dated February 11, 2020.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, dated February 11, 2020, it is

ORDERED that the branch of the motion which is to strike the subject videotape, contained in the record on appeal at page R 223, is granted, the subject videotape, contained in the record on appeal at page R 223, is stricken, and on or before March 13, 2020, the appellant shall remove the subject videotape from the copies of the record filed with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until April 13, 2020, and the respondent's brief shall be served and filed on or before that date; and it is further,

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

ORDERED that on the Courts own motion, the parties are directed to show cause before this Court why an order should or should not be made and entered pursuant to 22 NYCRR 1250.1(h) imposing a sanction upon the appellant for filing a record containing the videotape that was stricken, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before March 13, 2020; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties by regular mail.

LEVENTHAL, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino_

Clerk of the Court