Opinion
2022-62108 Index 650835/19
02-24-2022
John W. Saunders, Plaintiff-Respondent, v. Sandra Foschi, William H. Evans and Bark Out Loud Dogs Media, LLC, Defendants-Appellants. Motion No. 2021-04433 No. 2021-02002
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Dianne T. Renwick, Justice Presiding, David Friedman Anil C. Singh Martin Shulman John R. Higgitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about March 06, 2020, and said appeal having been perfected, And plaintiff-respondent having moved for an order: (1) striking those portions of defendants' brief dated November 19, 2021 which were improperly added or changed after the initial filing on November 8, 2021, as indicated in the highlighted version annexed as Exhibit A to the moving papers, and directing defendants to refile the November 8, 2021 version of the brief, with the administrative errors corrected; (2) striking those portions of defendants' brief that improperly raise new arguments on appeal, as indicated by the highlighted portions of the November 08 and November 19 briefs, annexed in Exhibits B and C to the moving papers; (3) striking the record on appeal due to its errors and incompleteness; and (4) sanctioning defendants and awarding plaintiff reasonable costs and attorneys' fees incurred in making this 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 striking defendants' brief filed on November 19, 2021 and directing defendants to refile the brief initially filed on November 8, 2021, for the June 2022 Term of this Court, with the administrative errors corrected. That branch of plaintiff s motion seeking to strike defendants' brief for purportedly raising arguments for the first time on appeal is denied, without prejudice to raising the objections in respondents' brief. So much of plaintiff's motion seeking leave to strike the record on appeal is granted to the extent of directing defendants to make corrections to the record on appeal for said June 2022 Term, including the incorrect designation of the plaintiff-respondent as pro se and the incorrect identification of exhibits. Defendants are directed to file a supplemental record to include the March 4, 2020 transcript. The motion is otherwise denied. The perfected appeal is hereby adjourned to the June 2022 Term of this Court.