| Saxon Mortgage Services, Inc. v Bell |
| Motion No: 2008-03949 |
| Slip Opinion No: 2009 NYSlipOp 61382(U) |
| Decided on January 20, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M81262
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
RANDALL T. ENG, JJ.
|
2008-03949 Saxon Mortgage Services, Inc., respondent, v Barry G. Bell, appellant, et al., defendants. (Index No. 5339/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, dated March 3, 2008, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Application by the respondent to direct the appellant to serve and file a supplemental record containing certain documents. Separate application by the respondent 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 papers filed in opposition thereto, and upon the applications, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the application to direct the appellant to serve and file a supplemental record containing certain documents is denied; and it is further,
ORDERED that the application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondent's time to serve and file a brief is denied as unnecessary as the brief was timely filed on January 14, 2009.
We note that the material contained in Exhibit B of the papers filed in opposition to the appellant's motion is already part of the record.
SKELOS, J.P., DILLON, ANGIOLILLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court