Appellate Division: Second Judicial Department

M142061

E/ct

RUTH C. BALKIN, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2012-00132 Andrew Beckwith, appellant, v Xi Yang, respondent. (Index No. 17659-11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated November 1, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent to strike the record on appeal on the grounds that it is incomplete, misleading, and contains material 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 cross motion and no papers having been filed in opposition thereto, it is

ORDERED that the cross motion is granted, the appellant's record on appeal is stricken and on or before September 12, 2012, the appellant shall serve and file a replacement record on appeal that complies with the rules of the Court (see 22 NYCRR 670.10.2[b]); and it is further,

ORDERED that on the Court's own motion, the appellant's brief is stricken and on or before September 12, 2012, the appellant shall serve and file a replacement brief that complies with the rules of this Court (see 22 NYCRR 670.10.3[g]); and it is further,

ORDERED that the 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 record on appeal.

BALKIN, J.P., BELEN, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court