Opinion
Motion No. 2023-04585 Index No. 500001/21 Case Nos. 2022-04682 202301302
11-21-2023
In the Matter of the Joint Application of Laura Ann Sachs, Allegra Soler and Allan Preston Sachs-Ambia, Petitioners-Appellants, v. For the Appointment of a Guardian for the Personal and Property of Helen Merrill, also known as Helen Anna Milcetic, An Incapacitated Person, Respondent-Respondent.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, David Friedman Lizbeth González Manuel J. Mendez Llinét M. Rosado, Justice Presiding, Justices.
Appeals having been taken to this Court from orders of the Supreme Court, New York County, entered on or about September 30, 2022 (Case No. 2022-04682) and December 30, 2022 (Case No. 2023-01302), and said appeals having been perfected, And respondent-respondent having moved for an order (a) dismissing the aforesaid appeals based on petitioners-appellants' alleged failure to include certain trial exhibits in the appendix, or, in the alternative, directing petitioners-appellants to file a supplemental appendix containing the missing exhibits and, (b) striking from the filed appendix certain documents alleged to have been improperly included therein, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking dismissal of the appeals, or requiring petitioners-appellants to file a supplemental appendix is denied, without prejudice to respondent-respondent filing a supplemental appendix containing the missing exhibits, with costs to abide the appeal, and it is further ordered that, to the extent the motion seeks to strike alleged improper portions of the filed appendix, such relief is granted to the extent of deeming stricken pages 33-64, 237-477, and 1955-2022 of the appendix, and is otherwise denied. Sua Sponte, the perfected appeals are adjourned to the February 2024 Term of this Court.