Opinion
2022-61401 Motion 2021-04233
02-07-2022
John S. Desiderio, appellant, v. Robert H. Wilgosz, etc., et al., respondents. Index No. 615205/2019
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P. COLLEEN D. DUFFY VALERIE BRATHWAITE NELSON LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Nassau County, dated May 10, 2021. Motion by the appellant to strike stated portions of the respondent's brief on the ground that they raise issues that are not properly before this Court and to impose a sanction upon the respondents and the respondents' counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the respondent's brief 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 branch of the motion which is to impose a sanction upon the respondents and the respondents' counsel is denied.
DILLON, J.P., DUFFY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.