Opinion
Motion No. 2023-05521 Index No. 300812/19No. 2023-01915
01-18-2024
Marisa Barone, Plaintiff-Respondent, v. Michael Barone, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Barbara R. Kapnick Ellen Gesmer Tanya R. Kennedy Julio Rodriguez III, Justice Presiding, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about December 27, 2022, And defendant-appellant having moved pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal, and, upon vacatur, for an extension of time to perfect same, and for an order directing that forensic and other expert reports prepared by any court-appointed experts be provided to counsel for defendant-appellant, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of vacating the dismissal and reinstating the aforesaid appeal and extending the time to perfect same to the June 2024 Term of this Court, and
It is further ordered that the Supreme Court, New York County, is directed to provide one copy of the forensic report and one copy of each report prepared by court-appointed experts to the parties' respective appellate counsel, on the conditions that said counsel may not supply copies of said reports to plaintiff, defendant or any other person or entity, except that respective appellate counsel may disclose the contents of the report or reports to plaintiff and defendant and may allow the parties to read the material, but only in said counsel's presence, and shall not permit the parties to make copies or take photos of the reports when given access. Counsel is granted leave to refer to said reports in their appellate briefs only, which will be marked confidential, and counsel are directed to submit a copy of the aforesaid reports to this Court, under seal, in connection with the filing of their respective appellate briefs.