Appellate Division: Second Judicial Department

M97676

T/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-01625, 2009-01626 Craig Miller, appellant, v Cruise Fantasies, Ltd., et al., respondents. (Index No. 07-5683)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Westchester County, dated January 29, 2009, and a judgment of the same court, also dated January 29, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix. Cross motion by the respondents, among other things, to dismiss the appeal, or strike the appendix as incomplete, or strike stated portions of the appellant's brief on the ground that it refers to matter which is dehors the record, or in the alternative, for leave to include certain material in a supplemental appendix, and to enlarge their time to serve and file a brief.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, and the respondents' brief shall be served and filed on or before February 22, 2010; and it is further,

ORDERED that the branch of the cross motion which is to strike stated portions of the appellant's brief on the ground that it refers to matter which is dehors the record is denied, without prejudice to the respondents raising this argument in their brief on the appeal; and it is further,

ORDERED that the cross motion is otherwise denied.

FISHER, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court