Appellate Division: Second Judicial Department

M93217

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

JOHN M. LEVENTHAL, 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 respondents-appellants to strike the joint record on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 19, 2008, and the appellant-respondent s brief, and to dismiss the appeal, or to direct the appellant-respondent to file a replacement joint record and brief and to enlarge their time to serve and file an answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]). Cross motion by the appellant-respondent pro se to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motion and the cross motion, no papers having been filed in opposition or in relation to the motion, and the papers filed in opposition to the cross motion, it is

ORDERED that the appellant-respondent's cross motion is granted; and it is further,

ORDERED that the branch of the respondents-appellants' motion which is to enlarge the time to serve and file the answering brief, including the points of argument on the cross appeal, (see 22 NYCRR 670.8[c][3]), is granted, and the respondents-appellants shall serve and file an answering brief, including points of argument on the cross appeal, on or before November 16, 2009; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

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

SKELOS, J.P., FLORIO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court