| Dupps v Betancourt |
| Motion No: 2011-03488 |
| Slip Opinion No: 2011 NY Slip Op 88729(U) |
| Decided on November 2, 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
M128051
E/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2011-03488 Krisitna Dupps, et al., appellants, v Jessica Betancourt, et al., respondents, et al., defendants.
(Index No. 14789/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Nassau County, entered March 15, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the respondent Bank of New York to dismiss the appeal on the ground that the appellant pro se Michael Ostrowski, a nonattorney, improperly represents the appellant Kristina Dupps. Separate motion by the respondent Bank of New York, in effect, to strike the appellants' appendix and brief on the ground that the appendix is incomplete or contains matter dehors the record and the brief refers to matter dehors the record, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied as Kristina Dupps appears pro se on this appeal; and it is further,
ORDERED that the branch of the motion which is, in effect, to strike the appellants' appendix and brief is granted, the appendix and brief on file with the Clerk of this Court are stricken, and on or before November 30, 2011, the appellant shall serve and file a replacement appendix which does not contain the material on pages 6 through 20 of the appendix on file with the Clerk of this Court and contains the motion papers submitted to the Supreme Court which resulted in the order entered March 15, 2011, and a brief which only refers to the subject motion papers; and it is further,
ORDERED that the branch of the motion which is to enlarge the time of the respondent Bank of New York to serve and file a brief is denied as premature; and it is further,
ORDERED that the appellant's motion to waive the certification requirements of 22 NYCRR 670.10.2(f) is denied with leave to renew upon serving and filing the replacement appendix and brief.
SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court