Appellate Division: Second Judicial Department

M81447

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-04025 Irene Pepperman, appellant, v SBL Holdings, etc., et al., respondents. (Index No. 17817/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, entered April 21, 2008, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent to strike the record on appeal as inadequate.

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

ORDERED that the motion 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 26, 2009, the appellant serve and file a supplemental record containing the reply affirmation of Peter J. Verdirame dated July 12, 2007, with attached exhibit; and it is further,

ORDERED that the cross motion to strike the record on appeal is granted to the extent that the appellant is directed to file a supplemental record and the motion is otherwise denied; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until March 30, 2009, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court