| Breytman v Wiener Realty, LLC |
| Motion No: 2009-07371 |
| Slip Opinion No: 2010 NY Slip Op 70382(U) |
| Decided on May 5, 2010 |
| 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
M102308
E/ct
PETER B. SKELOS, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-07371 Alexander Breytman, appellant, v Wiener Realty, LLC, etc., et al., respondents.
(Index No. 33073/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated June 10, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondent Olinville Realty, LLC, and others to dismiss the appeal on the ground that the appellant's appendix is inadequate.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, no papers having been filed in opposition or in relation to the cross motion, it is
ORDERED that the motion is granted and the cross motion is denied on condition that within three weeks after service upon him of a copy of this order and the appellate printer's bill for the respondents' appendix, the appellant pays the respondents for the cost of the respondents' appendix, which contains the relevant motion papers that resulted in the order dated June 10, 2009, and files proof of payment with this court.
SKELOS, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court