Appellate Division: Second Judicial Department

M157098

E/sl

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-09781 Mark Zavelin, respondent, v Larisa Greenberg, appellant. (Index No. 2155/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated August 9, 2012, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, and, in effect, to enlarge the record to include the transcript of certain proceedings. Cross motion by the respondent to dismiss the appeal on the ground that the appellant raises issues not properly before the Court. 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 cross motion, and the papers filed in opposition 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 branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied without prejudice to the respondent raising arguments in his brief addressing any improper arguments contained in the appellant's brief; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until July 1, 2013, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court