| Matter of Edem v State of New York |
| Motion No: 2009-08194 |
| Slip Opinion No: 2009 NY Slip Op 89783(U) |
| Decided on November 27, 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
M95162
E/cb
MARK C. DILLON, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
L. PRISCILLA HALL, JJ.
|
2009-08194 In the Matter of Edmund Orok Edem, appellant, v State of New York, et al., respondents. (Index No. 80086/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order and judgment (one paper) of the Supreme Court, Richmond County, dated July 30, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Application by the respondents 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 no papers having been filed in opposition or in relation thereto, and upon the application, it is
ORDERED that the motion is denied on the ground that the appendix is incomplete; and it is further,
ORDERED that on the court's own motion, the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until December 30, 2009, and the respondents' brief must be served and filed on or before that date.
DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court