| Matter of Adames v Digangi |
| Motion No: 2024-02655 |
| Slip Opinion No: 2025 NY Slip Op 79246(U) |
| Decided on October 24, 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
M308747
AFA/
FRANCESCA E. CONNOLLY, J.P.
CHERYL E. CHAMBERS
HELEN VOUTSINAS
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2024-02655 In the Matter of David Adames, appellant, v Alexandra Digangi, respondent. (Docket No. V-2898-2024)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Suffolk County, dated March 29, 2024. Motion by the respondent, inter alia, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record and to extend the time to serve and file a brief. Separate motion by the respondent to dismiss the appeal on the ground that the issues raised on the appeal are barred by the doctrines of res judicata and collateral estoppel. Cross-motion by the appellant for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, it is
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 24, 2025, the respondent shall serve and file the respondent's 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; and it is further,
ORDERED that the motion, inter alia, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record is otherwise denied; and it is further,
ORDERED that the motion to dismiss the appeal on the ground that the issues raised on the appeal are barred by the doctrines of res judicata and collateral estoppel 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 cross-motion for a preference in the calendaring of the appeal is denied as unnecessary (see 22 NYCRR 670.3[b]).
CONNOLLY, J.P., CHAMBERS, VOUTSINAS and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court