| Schiff v Sallah Law Firm, P.C. |
| Motion No: 2012-06643 |
| Slip Opinion No: 2013 NY Slip Op 81095(U) |
| Decided on July 31, 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
M160134
E/ct
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2012-06643 Ann Marie Schiff, appellant, v Sallah Law Firm, P.C., et al., respondents. (Index No. 6927/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated April 12, 2012, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, or, in effect, for leave to prosecute the appeal on the original papers. 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, 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, in effect, for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant and the respondents; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][vii]); and it is further,
ORDERED that on the Court's own motion the appellant's appendix is stricken, and on or before August 22, 2013, the appellant shall remove the pages constituting the appendix that are appended to the appellant's brief filed with the Clerk of the Court; and it is further,
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 as unnecessary; and it is further,
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until September 23, 2013, and the respondents' brief must be served and filed on or before that date.
BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court