WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. February 13, 2020 updated 4:50 PM EST:
The Appellate Divison, Second Department Ruled Tuesday it would hear the Gedney Association of White Plains vs. French American School of New York, and dismissed the City of White Plains Common Council motion to dismiss the appeal on the ground that the joint appendix is inadequate (did not contain the complete record) because White Plains did not comply with the Electronic Filing Rules of the Appellate Division.
The court ruled the FASNY motion to dismiss the Gedney Association, Daniel Seidel, Claudia Jaffee appeal filed August, 2018, “on the grounds they improperly raise arguments for the first time on appeal and refer to matter dehors, (Editor’s note: matter dehors refers to something outside the scope of or not included in the agreement or records involved). The records may be a trial record, contract, will, or other matter. The record is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument ” (to be scheduled).
The court ruled that the Gedney Association and Daniel Seidel must “serve and file a supplemental joint appendix containing certain material is granted and must be filed by March 9.
The French American School of New York and the City of White Plains were given time to file a respondent briefs by April 8.
After the Gedney Association papers are delivered to the court, and the FASNY and White Plains brief are in, the appeal will seek a court date. Estimates are the case may not come up for as long as two years.