| Anghel v Ruskin Moscou Faltischek, P.C. |
| Motion No: 2024-03271 |
| Slip Opinion No: 2025 NY Slip Op 76328(U) |
| Decided on September 12, 2025 |
| 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
M307841
AFA/
BETSY BARROS, J.P.
ANGELA G. IANNACCI
HELEN VOUTSINAS
SUSAN QUIRK, JJ.
|
2024-03271 Maria-Lucia Anghel, etc., appellant, v Ruskin Moscou Faltischek P.C., et al., respondents. (Index No. 7265/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated December 14, 2023. Motion by the respondents, in effect, to dismiss the appeal on the ground that no appeal lies from an order denying reargument and on the ground that the record is inadequate or, in the alternative, to strike stated portions of the record and the appellant's brief on the ground that they contain and refer to matter dehors the record and to extend the time to serve a file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order denying reargument is denied; and it is further,
ORDERED that the branches of the motion which are to dismiss the appeal on the ground that the record is inadequate and to strike stated portions of the record and the appellant's brief are granted to the extent that pages R24 through R2371 of the record, and the appellant's brief, are stricken, and on or before October 14, 2025, the appellant shall serve and file a replacement record that does not contain the stricken material and a replacement appellant's brief that does not refer to the stricken material, but which are in all other respects the same as the record and the appellant's brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and brief and upload digital copies of the replacement record and brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before November 13, 2025, 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.
BARROS, J.P., IANNACCI, VOUTSINAS and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court