Appellate Division: Second Judicial Department

M311595

DF/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LAURENCE L. LOVE

SUSAN QUIRK, JJ.

2024-08814, 2024-09911, 2025-01242 Haron Zubli, etc., appellant, v Albert Zubli, respondent, et al., defendants. (Index No. 600259/2021)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, both dated August 26, 2024, and a judgment of the same court, dated December 13, 2024. Motion by the respondent to strike the appellant's brief, to dismiss the appeal for filing a brief containing fabricated legal authority, or, in the alternative, to extend the time to serve and file a brief, and for an award of costs and to impose a sanction upon the appellant. Cross-motion by the appellant, in effect, for leave to serve and file a replacement brief.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

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

ORDERED that the branch of the motion which is to strike the appellant's brief and the cross-motion are granted to the extent that all references to "Gray v. St George's Univ. Sch. Of Med., 191 A.D.3d 573, 574 [1st Dept 2021]," "Hall v. Louis, 198 A.D.3d 636 [2d Dept 2021]," "Lewis v. S.L. & E., Inc., 17 A.D.2d 516 [1st Dept 1962]," and "Tyler v. Tormey, 52 A.D.3d 1244, 1246 [4th Dept 2008]" are stricken, and on or before March 17, 2026, the appellant shall serve and file a replacement brief which does not contain the stricken material, includes the correct citations for Hall v. Louis and Lewis v. S.L. & E., Inc., and is in all other respects the same as the brief previously filed, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion and the cross-motion are otherwise denied; 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 April 16, 2026, 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 branch of the motion which is for an award of costs and to impose a sanction upon the appellant is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the submission thereof.

DUFFY, J.P., WOOTEN, LOVE and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court