Shahid v Ridgewood Bushwick Senior Citizen Council, In
Motion No: 2007-08547
Slip Opinion No: 2008 NYSlipOp 66872(U)
Decided on March 19, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M67810

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-08547

Abdus Shahid, et al., appellants,

v Ridgewood Bushwick Senior Citizen

Council, Inc., respondent.

(Index No. 39783/06)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from a judgment of the Supreme Court, Kings County, dated August 14, 2007, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellants' appendix. Cross motion by the respondent to strike the appendix as incomplete, to direct the appellants to serve and file a supplemental appendix, and to enlarge the time to serve and file a brief.

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

ORDERED that the appellants' motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellants' appendix is granted on condition that on or before April 23, 2008, the appellants file a supplemental appendix containing the affirmation of Thomas Catalano dated April 11, 2007, the affidavit of Carmen Bonilla dated April 11, 2007, the reply affirmation of Thomas Catalano dated May 30, 2007, and any exhibits or supporting papers annexed to those affirmations and affidavit submitted in support of the underlying motion that resulted in the order dated August 14, 2007; and it is further,

ORDERED that the branch of the cross motion which is to direct the appellants to serve and file a supplemental appendix is granted to the extent set forth above and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief is granted; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until May 23, 2008, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court