| Zises v New York Central Mutual Fire Insurance Company |
| Motion No: 2012-03320 |
| Slip Opinion No: 2013 NY Slip Op 63332(U) |
| Decided on February 1, 2013 |
| 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
M150734
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2012-03320 Robert Zises, appellant, v New York Central Mutual Fire Insurance Company, respondent. (Index No. 556/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Dutchess County, dated January 10, 2012, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondent to strike the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record. 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 papers filed in opposition thereto, upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation 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 cross motion is granted, the appellant's brief and pages 139 through 183, 225 through 246, 269 through 293, and 298 through 302 of the appellant's appendix are stricken, and on or before March 4, 2013, the appellant shall serve and file a replacement brief and either remove the stricken pages from the copies of the appendix filed with the Clerk of the Court or serve and file a replacement appendix; and it is further,
ORDERED that the motion is denied with leave to renew after the appellant either removes the stricken pages from the copies of the appendix filed with the Clerk of the Court or serves and files a replacement appendix as set forth above; and it is further,
ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until April 3, 2013, and the respondent's brief must be served and filed on or before that date.
DILLON, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court