Appellate Division: Second Judicial Department

M293246

KS/

MARK C. DILLON, J.P.

DEBORAH A. DOWLING

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2020-09690 Homevest, Inc., appellant, v Venera Kaneeva, etc., et al., respondents. (Index No. 3252/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated November 12, 2020. Motion by the respondents to strike the appellant's appendix on the ground that it is not paginated and lacks proper headings, and to strike the appellant's brief on the ground that it does not contain citations to the appellant's appendix, to dismiss the appeal, and to impose a sanction against the appellant and the appellant's counsel. By order to show cause dated November 12, 2021, the parties were directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that no appeal lies from an order determining a motion in limine (see Cotgreave v Public Adm'r of Imperial County, 91 AD2d 600), and/or no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), and the respondents' motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion by the respondents which is to strike the appellant's appendix on the ground that it is not paginated and lacks proper headings, is granted, the appendix is stricken, and on or before January 26, 2024, the appellant shall serve and file a replacement appendix, properly paginated, that contains proper headings, via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the replacement appendix, with proof of service thereof, through the digital portal on this Court's website; and it is further,

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

ORDERED that on the Court's own motion, the respondents' time to file a brief is extended, and on or before February 26, 2024, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., DOWLING, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court