Appellate Division: Second Judicial Department

M135331

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-08674 Michael J. Hayes, Jr., respondent, v Florentina Barroga-Hayes, appellant. (Index No. 5539/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Richmond County, dated September 16, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, to enlarge the record, to enlarge the time to perfect the appeal, and to waive the filing fee. Application by the respondent, in effect, to strike stated portions of the appellant's appendix on the ground that they contain matter dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of 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 appellant's appendix is denied with leave to renew upon perfection of the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until April 30, 2012, and the appellant's appendix and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is denied without prejudice to making a motion for the relief sought, if necessary, after the appellant perfects the appeal.

ANGIOLILLO, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court