Appellate Division: Second Judicial Department

M52403

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2006-02907 Nella Manko, appellant, v Lenox Hill Hospital, respondent. (Index No. 30972/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated February 17, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix. Separate motion by the respondent to dismiss the appeal on the ground that the appendix on appeal contains matter dehors the record, or to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent s motion which is to dismiss the appeal is granted to the extent that the appellant's brief and appendix are stricken, and on or before April 13, 2007, the appellant shall serve and file a replacement brief that complies with the CPLR and the rules of the court (CPLR 5528, 5529; 22 NYCRR 670.10.1, 670.10.3); and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 18, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix is denied as unnecessary as the appellant need not submit an appendix if the appellant perfects the appeal on the original record, as permitted by decision and order on motion of this court dated October 4, 2006.

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

ENTER:

James Edward Pelzer

Clerk of the Court