Opinion
M-6952 M-6778
10-01-2019
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: (1) striking plaintiffs-appellants brief and appendix, and directing them to file a record on appeal and appellants' brief that comply with CPLR 5526 and 22 NYCRR 1250.7; and (2) extending defendant-respondent Amalgamated Housing Corporation's time within which to file its respondent's brief (M-6778), And plaintiffs-appellants, pro se, having cross-moved for an order: (1) striking defendant-respondent Amalgamated Housing Corporation's motion; and (2) denying said defendant's request for an extension of time within which to file its respondent's brief (M-6952), 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 the motion (M-6778) is granted to the extent of striking plaintiffs-appellants' appendix and brief and directing plaintiffs-appellants to file (1) a replacement appendix for the January 2020 Term, to which Term the appeal is adjourned, which omits the material dehors the record, and which includes a copy of defendant-respondent's cross motion to preclude and to compel discovery, and which otherwise complies with 22 NYCRR 1250.7, and (2) a replacement brief which omits any references to material dehors the record; andIt is further ordered that the cross motion (M-6952) is denied.
ENTERED: October 1, 2019
__________ 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