| Law Off. of Sherri L. Kaplan & Sherri L. Kaplan, Esq. v Michael Dowgiallo |
| Motion No: 2019-01677 SC |
| Slip Opinion No: 2020 NY Slip Op 65456(U) |
| Decided on March 9, 2020 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Law Office of Sherri L. Kaplan and Sherri L. Kaplan, Esq., Respondents, v Michael Dowgiallo, Appellant. |
Motion by respondents on an appeal from a judgment of the District Court of Suffolk County, Third District, entered September 23, 2019, to strike the exhibits appended to the appellant's brief, or for alternative relief, and for costs.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to strike the exhibits appended to the appellant's brief is granted; and it is further,
ORDERED that on or before March 27, 2020 appellant shall serve and file a replacement appellant's brief which does not contain the stricken material; and it is further,
ORDERED that respondents shall serve and file a respondents' brief within 14 days after service upon them of the replacement appellant's brief; and it is further,
ORDERED that appellant, if he be so advised, may serve and file a reply brief within 7 days after service of the respondents' brief; and it is further,
ORDERED that the motion is otherwise denied.
ENTER:
Paul Kenny
Chief Clerk