Appellate Division: Second Judicial Department

M275549

E/sl

ROBERT J. MILLER, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2020-03399 John Zapas, et al., plaintiffs-respondents, v Jessica E. Zapas, defendants third-party plaintiffs-appellants; Pacific Plumbing & Mechanical, Corp., et al., third-party defendants- respondents, et al., third-party defendants. (Index No. 610860/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered February 19, 2020. Motion by the defendants third-party plaintiffs-appellants to disqualify counsel for the plaintiff-respondent Pacific Plumbing & Heating Corp. Separate motion by the defendants third-party plaintiffs-appellants to disqualify counsel for John Zapas. Separate motion by the defendants third-party plaintiffs-appellants, in effect, to hold the appeal in abeyance pending determination of the motions to disqualify counsel. Separate motion by the defendants third-party plaintiffs-appellants for leave to serve and file a replacement reply brief. Cross motion by Pacific Plumbing & Heating Corp. to impose a sanction upon the defendants third-party plaintiffs-appellants and for an award of costs and an attorney's fee. Cross motion by John Zapas to impose a sanction upon the defendants third-party plaintiffs-appellants and for an award of costs and an attorney's fee.

Upon the papers filed in support of the motions to disqualify counsel and, in effect, to hold the appeal in abeyance, and the papers filed in opposition thereto, upon the papers filed in support of the cross motions and the papers filed in opposition thereto, and upon the papers filed in support of the motion for leave to serve and file a replacement reply brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions to disqualify counsel are denied; and it is further,

ORDERED that the motion, in effect, to hold the appeal in abeyance is denied as academic; and it is further,

ORDERED that the motion for leave to serve and file a replacement reply brief is granted, and on or before February 24, 2021, the defendants third-party plaintiffs-appellants shall serve and file a replacement reply brief via NYSCEF, and the defendants third-party plaintiffs-appellants shall file an original and five hard copies of the replacement reply brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the cross motions are denied.

MILLER, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court