Appellate Division: Second Judicial Department

M144481

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2011-09644 Sadiqa Codrington, etc., appellant, v Wendell Terrace Owners Corp., et al., respondents. (Index No. 1127/11)

DECISION & ORDER ON MOTION

Motion by the respondents to strike the appellant's appendix and brief on an appeal from an order of the Supreme Court, Nassau County, dated August 17, 2011, for failure to comply with the rules of the Court and as inadequate, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike the appellant's brief is granted and on or before November 5, 2012, the appellant shall serve and file a brief that contains citations to the appendix and otherwise complies with the rules of the Court (see 22 NYCRR 670.10.3); and it is further,

ORDERED that the branch of the motion which is to strike the appellant's appendix is granted to the extent that on or before November 5, 2012, the appellant shall serve two copies of the paginated appellant's appendix on the respondents and file proof of service; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 5, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court