| Misek-Falkoff v US Alliance Federal Credit Union |
| Motion No: 2012-07810 |
| Slip Opinion No: 2013 NY Slip Op 74376(U) |
| Decided on May 21, 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
M156677
E/ct
RANDALL T. ENG, P.J.
RUTH C. BALKIN
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2012-07810, 2012-07811 Linda D. Misek-Falkoff, etc., appellant, v US Alliance Federal Credit Union, et al., respondents. (Index No. 11-54885)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on appeals from two orders of the Supreme Court, Westchester County, both dated June 25, 2012 , to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondent Affina Brokerage Services to strike the appellants' appendix as inadequate and to dismiss the appeals or to extend the time to serve and file a brief. Cross motion by the respondents US Alliance Federal Credit Union and Rose Ruggiero to strike the appellants' brief for failure to comply with the rules of the Court and, in effect, to strike the appellant's appendix as inadequate and to dismiss the appeals or to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motions, and the papers filed in opposition thereto, it is
ORDERED that the branches of the cross motions which are to strike the appellant's brief and appendix and to dismiss the appeals are granted to the extent that the appellant's brief and appendix are stricken and on or before July 8, 2013, the appellant shall serve and file a replacement brief and appendix that complies with the CPLR and rules of the Court (see CPLR 5528, 5529; 22 NYCRR 670.10.2[c], 670.10.3), and those branches of the cross motions are otherwise denied; and it is further,
ORDERED that the branches of the cross motions which are to enlarge the respondents' time to serve and file their respective briefs are granted, the respondent's time to serve and file their briefs is enlarged until August 7, 2013, and the respondent's briefs must be served and filed on or before that date; and it is further,
ORDERED that the motion is denied with leave to renew upon filing the replacement appellant's appendix.
ENG, P.J., BALKIN, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court