Opinion
DOCKET NO. CA 18-01108
10-16-2018
MARK A. REGAN, PLAINTIFF-APPELLANT, v. RICHARD MILLARD, DEFENDANT-RESPONDENT AND LAWRENCE CHAMPOUX, DEFENDANT.
PRESENT:
Appellant having moved to expand the record on the appeal taken herein from an order of the County Court entered in the Office of the Clerk of the County of Monroe on March 28, 2018, and respondent having cross-moved for sanctions, costs, and fees against appellant and appellant's counsel, and to strike appellant's brief,
Now, upon reading and filing the affirmations of John M. Regan, Jr., Esq., dated September 6, 2018, and September 17, 2018, the affirmation of Cory J. Weber, Esq., dated September 6, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion is denied (see 22 NYCRR 1000.7 [b]); see also Stewart v Soda, 239 AD2d 966 [4th Dept 1997]), and
It is further ORDERED that respondent's cross-motion is denied insofar as it seeks sanctions, costs, and fees, and
It is further ORDERED that respondent's cross motion is granted insofar as it seeks to strike appellant's brief with leave to file a new brief that complies with the County Court's order settling the record on or before November 1, 2018, and
It is further ORDERED that respondent may file and serve a brief in response to appellant's newly filed brief on or before November 21, 2018, and reply briefs, if any, shall be filed within 10 days of the service of respondent's brief.
Entered: October 16, 2018
Mark W. Bennett, Clerk