Appellate Division: Second Judicial Department

M102276

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-10470 Donald P. Rosendale, appellant, v Harrison and Burrowes Bridge Constructors, Inc., respondent. (Index No. 4735/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, dated October 8, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Separate motion by the appellant for leave to file a supplemental appendix and a supplemental brief. Cross motion by the respondent, inter alia, in effect, to direct that the appeal will be heard on the original papers and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the cross motion which is, in effect, to direct that the appeal will be heard on the original papers is granted, and the appellant's appendix is stricken; 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, the respondent's time to serve and file a brief is enlarged until July 6, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is denied as academic; and it is further,

ORDERED that the motion for leave to file a supplemental appendix and a supplemental brief is denied.

MASTRO, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court