| 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 76883(U) |
| Decided on December 18, 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.
JERRY GARGUILO
ELIZABETH H. EMERSON, 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 appellant's brief, or for alternative relief, and for an award of sanctions.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to strike appellant's brief is granted; and it is further,
ORDERED, on the court's own motion, that appellant's time to perfect the appeal is enlarged to January 13, 2021 and that, on or before that date, appellant shall serve and file a brief which does not contain the stricken material; and it is further,
ORDERED that respondents may serve and file a respondents' brief within 14 days after service upon them of the 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 in the event the appeal is not perfected in accordance with this decision and order on or before January 13, 2021, the court, on its own motion, may dismiss the appeal, or respondents may move to dismiss the appeal on three days' notice; and it is further,
ORDERED that the motion is otherwise denied.
The replacement brief filed by appellant has exhibits appended to it, in violation of this court's decision and order on motion dated March 9, 2020, which granted respondent's previous motion to strike the exhibits from appellant's brief. Appellant can perfect his appeal by filing a brief that does not contain the stricken material.
ENTER:
Paul Kenny
Chief Clerk