Appellate Division: Second Judicial Department

M276020

E/sl

REINALDO E. RIVERA, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2020-09236 Elizabeth M. Kairey, respondent-appellant, v Elliot M. Hirsch, appellant-respondent. (Index No. 53206/2018)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 8, 2020. Motion by the appellant-respondent for leave to proceed on the original record, for poor person relief, and to impose a sanction upon the respondent-appellant's counsel. Application by the appellant-respondent to withdraw the motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original record is denied as unnecessary as leave to prosecute the appeal and cross appeal on the original record was granted by decision and order on motion of this Court dated February 5, 2021; and it is further,

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

ORDERED that on the Court's own motion, the appellant-respondent is enjoined from filing any further motions in this Court concerning any matters arising from the action entitled Kairey v Hirsch, commenced in the Supreme Court, Kings County, under Index No. 53206/2018, or commencing any proceedings in this Court regarding that action, without prior leave of this Court.

RIVERA, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court