Matter of Reed Delhomme Page 1 of 2

 

 

Matter of Reed Delhomme
Motion No: 2015-00370
Slip Opinion No: 2015 NY Slip Op 
Decided on November 30, 2015

 

 

 

 

 

 

 

 

Appellate Division, Second Department, Motion Decision

 

 

Published by New York State Law Reporting; Bureau pursuant to
Judiciary Law 431.

 

 

 

This motion is uncm?reeted and is not subject to publicatim in the
Of?cial Reports.

 

 

 

 

 

 

Supreme Court of the State of New York
Appellate Division: Second Judicial Department
M202358

E/ct

L. PRISCILLA HALL, .P.

SANDRA L. SGROI

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2015?00370

In the Matter of Heyward D.

Reed, et al., DECISION ORDER ON
MOTION

petitioners, Demeza Delhomme,

respondent.

12/2/2015

Matter of Reed Delhomme Page 2 of 2
Motion by the respondent to disqualify the petitioners' counsel in a proceeding pursuant
to Public Of?cers Law 36, and to'strike stated portions of the petition.

Upon the papers ?led in support of the motion and the papers ?led in Opposition
thereto, it is

ORDERED that the branch of the motion which is to disqualify the petitioners' counsel
is granted, and William A. Gerard is disquali?ed from representing the petitioners in
the above?entitled proceeding; and it is further,

ORDERED that no further proceedings shall be taken against the petitioners, without
leave of the Court, until the expiration of 30 days after service upon them of a copy of
this decision and order on motion (see CPLR 321 and it is further,

ORDERED that on or before December 15, 2015, the attorney for the respondent is
directed to serve the petitioners and their attorney with a copy of this decision and
order on motion by one of the methods speci?ed in CPLR 2103 and shall file proof
of such service with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the
petition is held in abeyance and referred to the panel of Justices hearing the proceeding
for determination upon the argument or submission thereof; and it is ?irther,

ORDERED that on the Court?s own motion, the petitioners' time to serve and ?le a
brief, if any, is enlarged until January 15, 2016, and the petitioners' brief must be
served and ?led on or before that date; and it is further,

November 30, 2015 Page 1.

ORDERED that on the Court's own motion, the respondent may serve and ?le a brief,
if any, on or before February 20, 2016; and it is ?irther,

ORDERED that on the Court's own motion, the petitioners may serve and ?le a reply
brief, if any, on or before March 4, 2016.

HALL, J.P., SGROI, COHEN and MALTESE, JJ., concur.
ENTER:

Aprilanne Agostino

Clerk ofthe Court

November 30, 2015 Page 2.

. 12/2/2015