Appellate Division: Second Judicial Department

M146048

E/sl

DANIEL D. ANGIOLILLO, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-00836, 2012-00840 Alexander Breytman, appellant, v Pinnacle Group, respondent. (Index No. 4828/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Kings County, dated June 24, 2011, and October 21, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal and to waive the motion filing fee. 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 motion filing fee is denied; and it is further,

ORDERED that the motion is otherwise dismissed with leave to renew on or before December 26, 2012, upon payment of the motion filing fee; and it is further,

ORDERED that in the event that the appellant does not renew 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 on or before December 26, 2012, or does not comply with those requirements, the appeals may be dismissed, on the Court's own motion, without further notice; and it is further,

ORDERED that the application is denied with leave to renew in the event that the appellant moves to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix.

ANGIOLILLO, J.P., SGROI, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court