Opinion
Motion Nos. 2023-00097 2023-00187 Index No. 803006/22E Case No. 2022-03093
02-07-2023
In the Matter of the Application of Adam Oustatcher, Petitioner-Appellant, v. Darcel Clark, in her official capacity as the District Attorney of Bronx County, and The Bronx County Office of the District Attorney, Respondents-Respondents. For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,
Unpublished Opinion
MOTION DECISION
Present - Hon. Jeffrey K. Oing, Presiding, Justices, Manuel J. Mendez Martin Shulman John R. Higgitt, Justice.
An appeal having been taken to this Court from an order and judgment (one paper) of the Supreme Court, Bronx County, entered on or about June 23, 2022, and said appeal having been perfected, And respondents-respondents having moved this Court to take judicial notice of certain agency records contained within Respondents' proposed Appendix and Sealed Supplemental Appendix, or in the alternative, to enlarge the Record on Appeal to include said documents (Motion No. 2023-00097), And petitioner-appellant, pro se, having cross moved this Court for an order (1) striking respondents' brief as de hors the record, or in the alternative; (2) directing respondents to re-file their brief and remove pages on which matters de hors the record appear, or in the second alternative; (3) if this Court permits respondents' submission of matters de hors the record to stand, granting petitioner leave to submit a Supplemental Appendix and to expand the word count for his Reply brief; (4) imposing sanctions on respondents; and (5) extending petitioner-appellant's time in which to file his reply brief pending hearing and decision of the instant application (Motion No. 2023-00187),
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 respondents-respondents' motion is denied (Motion No. 2023-00097) and, It is further ordered that petitioner-appellant's cross motion is granted to the extent of striking the following portions of respondent's brief: any references to "RA" or "respondent's appendix" in footnote 1 on page 2, footnote 7 on page 6 in its entirety, and all citations to "RA" including those on pages 6, 7, 9 and 10, and directing respondents to file a new Respondents' brief with said portions removed, and otherwise, the cross motion is denied (Motion No. 2023-00187). The perfected appeal is adjourned to the June 2023 Term of this Court,