Opinion
2022-62721 Motion 2022-00530
03-10-2022
Lauren Silverman, Plaintiff-Respondent, v. Alexander Silverman, Defendant-Appellant. Index No. 350023/17 Case No. 2021-03051
Unpublished Opinion
MOTION DECISION
Present - Hon. Angela M. Mazzarelli, Justice Presiding, Peter H. Moulton Lizbeth González Saliann Scarpulla, Justices.
An appeal having been taken to this Court from a decision and order after trial of the Supreme Court, New York County, entered on or about March 02, 2021, and said appeal having been perfected, And defendant-appellant having moved for an order: (1) striking plaintiff -respondent's brief, pursuant to CPLR 5528, because it contains direct quotes from the Family Forensic Report, which is prohibited by affirmation of counsel and court order; (2) striking plaintiff-respondent's brief because it contains matters de hors the record; (3) striking "Respondent's Appendix", because it contains the Family Forensic Report, in violation of the affirmation of counsel and court order; (4) extending defendant-appellant's time in which to serve his reply; (5) imposing sanctions against plaintiff-respondent, or her counsel, pursuant to 22 NYCRR 130 et. seq., for intentionally violating the rules of this Court, or, in the alternative (6) striking specified parts of the respondent's brief, as underlined in the brief annexed as Exhibit 3 to the moving papers, on the grounds the statements contained therein are either improper, not supported by references to the Record, are direct quotes from the Family Forensic Report, or are de hors the record, 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 adjourning the perfected appeal to the May 2022 Term of this Court; those branches of defendant's motion seeking to strike plaintiff-respondent's brief and appendix are denied without prejudice to defendant-appellant raising his objections in a supplemental or substitute reply brief, including the request for the imposition of sanctions. The Clerk is directed to calendar the appeal on the same day of the May 2022 Term as defendant's appeal from the order, same Court, entered on or about May 26, 2021 (Case No. 2021-03053) (See M-2022-00552, entered simultaneously herewith).