Appellate Division: Second Judicial Department

M85976

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WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2008-06906, 2008-11303 James Mazza, plaintiff, Vincenzo Impeduglia, appellant-respondent, v Anthony Seneca, et al., respondents-appellants. (Index No. 29645/03)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent pro se on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 19, 2008, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the joint record on appeal. Separate motion by the respondents-appellants, inter alia, to strike the joint record on appeal and the appellant-respondent s brief.

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

ORDERED that the appellant-respondent's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the joint record on appeal is denied with leave to renew on or before June 5, 2009, upon filing a joint record containing only papers that were filed with the Supreme Court, Kings County, in connection with the order dated May 19, 2008; and it is further,

ORDERED that the branch of the respondents-appellants' motion which is to strike the joint record on appeal and the appellant-respondent s brief is granted, the joint record on appeal and the appellant-respondent s brief are stricken, and the appellant-respondent shall serve and file a replacement joint record on the appeal (see 22 NYCRR 670.8[c][1]) and replacement brief on or before June 5, 2009; and it is further,

ORDERED that the respondents-appellants shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the respondents-appellants' motion is otherwise denied.

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court