Appellate Division: Second Judicial Department

M60614

E/sl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

WILLIAM E. McCARTHY, JJ.

2007-00426, 2007-00428 Arthur T. Botsas, etc., appellant, v Abraham C. Grossman, et al., respondents. (Index No. 15645/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Queens County, dated November 22, 2006, and a judgment of the same court entered December 7, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix on the appeals. Cross motion by the respondents to dismiss the appeals on the ground that the appellant's appendix is inadequate or that the appendix and brief contain or refer to material dehors the record, or, in the alternative, to strike certain material from the appellant's appendix and brief, to direct the appellant to file a supplemental appendix, and to enlarge the time to serve and file a brief. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the branch of the cross motion which is to strike certain material from the appellant's appendix and brief is granted to the extent that the following material is stricken:

(1) pages A7 through A20 of the appellant's appendix;

(2) the words "which suit is included in herein appendix [A7-A17]" in the second-to-last sentence as well as the last sentence on page 2 of the appellant's brief;

(3) the third and fifth paragraphs on page 5 of the appellant's brief; and

(4) the second, third, fourth, sixth, and seventh paragraphs, as well as the point heading that begins "THIS ACTION," on page 9 of the appellant's brief; and it is further,

ORDERED that on or before October 15, 2007, the appellant shall delete or remove the stricken material from the copies of the appellant's appendix and brief filed with the Clerk of the court; and it is further,

ORDERED that the branch of the cross motion which is to direct the appellant to file a supplemental record is granted to the extent that on or before October 15, 2007, the appellant shall serve and file a supplemental appendix containing the material appended as Exhibits D, E, G, I, J, and L of the affirmation of Steven K. Mantione dated September 5, 2007, submitted in support of the cross motion; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief and the application for the same relief are granted, the respondents' time to serve and file a brief is enlarged until November 14, 2007, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix on the appeals is granted on condition that the appellant complies with the, first, second and third decretal paragraphs of this decision and order on motion.

CRANE, J.P., SPOLZINO, KRAUSMAN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court