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Pieternelle v. Smiley & Smiley, L (In re Guardian of the Person & Prop. of Verdugo)

Supreme Court of New York, Appellate Division, First Department
Sep 2, 2021
No. 2021-71068 (N.Y. App. Div. Sep. 2, 2021)

Opinion

2021-71068 Motion 2021-02597

09-02-2021

In the Matter of the Appointment of a Guardian of the Person and Property of Jose Verdugo, An Incapacitated Person. v. Smiley & Smiley, LLP, Defendant-Respondent, Rocio Pieternelle, Property Guardian, Plaintiff-Respondent, and Flomenhaft & Cannata, LLP, Flomenhaft Law Firm, PLLC and Michael Flomenhaft, individually, Defendants-Appellants, Schwartz Goldstone Campisi & Kates, LLP, Non-Party-Respondent. Index No. 500137/09 Case Nos. 2021-00888, 2021-01063, 2021-02129, 2021-02134


Unpublished Opinion

MOTION DECISION

Present - Hon. Anil C. Singh, Justice Presiding, Lizbeth González Saliann Scarpulla Martin Shulman, Justices.

Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about November 25, 2020 (Case No. 2021-00888), December 17, 2020 (Case No. 2021-01063), October 14, 2020 (Case No. 2021-02129) and April 14, 2021 (Case No. 2021-02134), and said appeals having been consolidated and perfected, And non-party-respondent having moved to supplement the defendant-appellant's record on appeal to include Exhibits A-F, annexed to the affirmation of Herbert Rodriguez, Jr., Esq., dated July 30, 2021, in support of the motion, 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 (i) permitting non-party-respondent and plaintiff-respondent-guardian to file a supplemental record to include Exhibits A-E as annexed to the moving papers; and (ii) directing defendants-appellants to file a supplemental record to include Exhibit F thereof. In addition, the consolidated appeals are adjourned to the December 2021 Term of this Court.


Summaries of

Pieternelle v. Smiley & Smiley, L (In re Guardian of the Person & Prop. of Verdugo)

Supreme Court of New York, Appellate Division, First Department
Sep 2, 2021
No. 2021-71068 (N.Y. App. Div. Sep. 2, 2021)
Case details for

Pieternelle v. Smiley & Smiley, L (In re Guardian of the Person & Prop. of Verdugo)

Case Details

Full title:In the Matter of the Appointment of a Guardian of the Person and Property…

Court:Supreme Court of New York, Appellate Division, First Department

Date published: Sep 2, 2021

Citations

No. 2021-71068 (N.Y. App. Div. Sep. 2, 2021)