| American Express Centurion Bank v Gabay |
| Motion No: 2010-10702 |
| Slip Opinion No: 2011 NY Slip Op 84737(U) |
| Decided on September 23, 2011 |
| 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
M126272
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2010-10702 American Express Centurion Bank, respondent, v Jack Gabay, appellant. (Index No. 20758/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Nassau County, dated August 30, 2010, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal. 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 motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until October 24, 2011, and the respondent's brief must be served and filed on or before that date.
MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court