Appellate Division: Second Judicial Department

M159429

E/ct

THOMAS A. DICKERSON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-05399 Ronald Payne, appellant, v City of New Rochelle, et al., respondents, et al., defendants. (Index No. 04-17536)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, dated August 3, 2012, inter alia, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate cross motions by the defendants Morris Park Contracting Corporation and O'Brien-Kreitzeberg, Inc. to direct the appellant to cease serving documents upon them of their attorneys in connection with the appeal as those defendants are not parties to the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motions 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 record on appeal is denied with leave to renew if the applicant perfects the appeal by filing a record or appendix; and it is further,

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

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until August 19, 2013; and it is further,

ORDERED that the cross motions are granted.

DICKERSON, J.P., LOTT, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court