Opinion
M-8664 M-8681
02-04-2020
Boris Gerasimov and Ekaterina Gerasimov, Plaintiffs-Appellants, v. Amalgamated Housing Corporation and Norris McLaughlin & Marcus, P.A., Defendants-Respondents.
An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about February 26, 2019, and the appeal having been perfected, And defendant-respondent, Amalgamated Housing Corporation, having moved for an order striking plaintiffs-appellants replacement brief and appendix and dismissing plaintiff's appeal for failing to comply with the order of this Court entered on October 1, 2019 (M-6778 & M-6952) or, in the alternative, directing plaintiffs-appellants to file a replacement brief and appendix in compliance with the aforementioned order, and extending defendants' time to file a respondent's brief (M-8681), And plaintiffs-appellants having cross-moved for an order holding defendant-respondent Amalgamated Housing Corporation in contempt of Court, dismissing defendants' motion, and reversing the order on appeal (M-8664), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that defendants-respondents' motion to strike plaintiffs-appellants' replacement appendix and brief and to dismiss the appeal for failure to comply with this Court's October 1, 2019 order is granted (M-8681), and It is further ordered that plaintiffs-appellants' cross motion is denied in its entirety.
ENTERED: February 4, 2020
__________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Angela M. Mazzarelli Troy K. Webber Peter H. Moulton, Justices
Index No. 300165/18