Appellate Division: Second Judicial Department

M121119

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-01346 In the Matter of Oswald Jordan, deceased. Victor Jordan, appellant; Lenna Susannah Jordan, respondent. (File No. 3785/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a decree of the Surrogate's Court, Kings County, dated January 20, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Application by the respondent 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 papers filed in opposition thereto, and the papers filed in support of the application and no papers having been submitted in opposition or in relation thereto, it is

ORDERED that the motion is denied without prejudice to renew upon the appellant either removing pages A-2 through A-8, A-46 through A-72, and A-117 through A-131 from the copies of the appellant's appendix filed with the Clerk of the Court, or serving and filing a replacement appendix that does not contain those pages; and it is further,

ORDERED that in the event that on or before July 22, 2011, the appellant fails to either remove the specified pages from the copies of the appendix filed with the Clerk of the Court, or serve and file a replacement appendix that does not contain those pages, and renew the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix, the Court, on its own motion, may strike the appendix filed with the Clerk of the Court, or the respondent may move to strike the appendix, on three days notice; and it is further,

ORDERED that the application is dismissed without prejudice to the respondent seeking any relief she deems appropriate in a formal motion on notice pursuant to 22 NYCRR 670.5.

RIVERA, J.P., ENG, ROMAN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court