| Desiderio v Wilgosz |
| Motion No: 2021-04233 |
| Slip Opinion No: 2022 NY Slip Op 61401(U) |
| Decided on February 7, 2022 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M281373
MB/
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2021-04233 John S. Desiderio, appellant, v Robert H. Wilgosz, etc., et al., respondents. (Index No. 615205/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated May 10, 2021. Motion by the appellant to strike stated portions of the respondent's brief on the ground that they raise issues that are not properly before this Court and to impose a sanction upon the respondents and the respondents' counsel.
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 which is to strike stated portions of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to impose a sanction upon the respondents and the respondents' counsel is denied.
DILLON, J.P., DUFFY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court