Appellate Division: Second Judicial Department

M39110

C/nal

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-02065 Hampton Valley Farm, Inc., et al., plaintiffs, Rose Ann Shearin, respondent, v Flower & Medalie, et al., appellants. (Index No. 22426-92)

DECISION & ORDER ON MOTION

Motion by the respondent pro se on an appeal from an order of the Supreme Court, Suffolk County, dated January 10, 2005, to enlarge the time to file a brief and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent's appendix. Cross motion by the appellants to reject the respondent's appendix and brief, or portions thereof, on the ground that they contain or refer to matter dehors the record.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10(2)(f) regarding certification of the respondent's appendix is denied; and it is further,

ORDERED that the branch of the cross motion which is to reject the appendix on the ground that it contains matter dehors the record is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to file a respondent's brief is granted; the respondent's brief previously submitted to the Clerk of this court is accepted for filing; and it is further,

ORDERED that the appellants' time to serve and file a reply brief is enlarged until May 17, 2006; and it is further,

ORDERED that the branch of the cross motion which is to reject the respondent's brief is denied.

CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court