Appellate Division: Second Judicial Department

M65753

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

MARK C. DILLON

ARIEL E. BELEN, JJ.

2007-06570 Robert Dillard Jones, appellant, v Naziemul Safi, et al., respondents. (Index No. 30224/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated June 8, 2007, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and to enlarge the record to include a certain "Supplemental Oath And Report of Referee."

Upon the papers filed in support of the motion and the papers filed in opposition and in 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 record on appeal is granted on condition that on or before February 27, 2008, the appellant replace page 19 of the copies of the record on appeal filed in the office of the Clerk of this court with a correct copy of page 3 of the order to show cause dated January 5, 2007; and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include a certain "Supplemental Oath And Report of Referee" is denied; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until March 28, 2008, and the respondents' briefs must be served and filed on or before that date.

RIVERA, J.P., MILLER, DILLON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court