Motion List released on: June 29, 2022 By Iannacci, J.P., Zayas, Genovesi, Ford, JJ.
JOHN SAGARIA, app, v. CYNTHIA SAGARIA, res — Appeal from an order of the Supreme Court, Orange County, dated September 4, 2020. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the appellant’s appendix is inadequate and contains matter dehors the record, and that the brief raises issues that are not properly before the Court. By order to show cause dated March 4, 2022, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal, inter alia, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Orange County, dated December 4, 2020. Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent’s motion and the papers filed in opposition and in relation thereto, it is ORDERED that the Court’s motion to dismiss the appeal is denied, and it is further, ORDERED that on the Court’s own motion, the notice of appeal from the order dated September 4, 2020, is deemed to be a premature notice of appeal from the judgment dated December 4, 2020 (see CPLR 5520[c]), and the appendix and the appellant’s briefs filed in connection with the appeal from the order dated September 4, 2020, are deemed to be filed in connection with the appeal from the judgment dated December 4, 2020; and it is further, ORDERED that the branch of the respondent’s motion which is to dismiss the appeal on the ground that the appendix is inadequate is granted to the extent that the appendix is stricken, and on before July 29, 2022, the appellant shall serve and file a replacement appendix which includes the judgment, the pleadings, and material excerpts from the transcripts of testimony in compliance with CPLR 5528 and 22 NYCRR 1250.7(d); and it is further, ORDERED that the branch of the respondent’s motion which is to dismiss the appeal on the ground that the appendix contains matter dehors the record is denied; and it is further, ORDERED that the branch of the respondent’s motion which is to dismiss the appeal on the ground that the brief raises issues that are not properly before the Court is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the respondent’s motion is otherwise denied. IANNACCI, J.P., ZAYAS, GENOVESI and FORD, JJ., concur.
