| Matter of Renke v Kwiecinski |
| Motion No: 2010-03247 |
| Slip Opinion No: 2010 NY Slip Op 86875(U) |
| Decided on November 3, 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
M110514
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2010-03247, 2010-07510 In the Matter of John K. Renke II, respondent, v Joyce A. Kwiecinski, etc., appellant, et al., defendants. (Index No. 19550/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two orders of the Supreme Court, Nassau County, dated March 4, 2010, and June 22, 2010, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the respondent to dismiss the appeal from order dated June 22, 2010, on the ground that no appeal lies from an order denying reargument. Application by the respondent 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 motions and the application, the papers filed in opposition to the motions, and no papers having been filed in opposition or in relation to the application, it is
ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted on condition that on or before December 3, 2010, the appellant serve and file a supplemental record containing Exhibits G and H to the petition, as well as legible copies of the material on pages R58 through R64 of the record on appeal, and replace pages R265 through R267 of the copies of the record on appeal filed with the Clerk of the Court with pages that do not contain handwritten notations; and it is further,
ORDERED that the motion to dismiss the appeal from the order dated June 22, 2010, is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until January 3, 2011, and the respondent's brief must be served and filed on or before that date.
SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court