Appellate Division: Second Judicial Department

M160981

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2012-10613 Demetrios Tsafatinos, plaintiff, Stamatiki Tsafatinos, appellant, v Law Office of Sanford F. Young, et al., respondents. (Index No. 10832/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated July 5, 2012, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondents to correct the record and for an award of costs and an attorney's fee, and to impose a sanction upon the appellant. 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 no papers having been filed in opposition or in relation thereto, the papers filed in support of 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 motion is granted on condition that on or before September 19, 2013, the appellant removes pages 318 through 324 and 406 through 409 from the copies of the record on appeal and either insert the following material in the copies of the record filed with the Clerk of the Court or serve and file a supplemental record containing that material:

(1) page 2 of notice of appeal dated August 18, 2006, as page 152A;

(2) cover page, statement pursuant to CPLR 5531, and table on contents for brief of Sanford F. Young, P.C., in prior appeal, as pages 152B through 152G;

(3) certificate of compliance dated March 22, 2007, as page 207A;

(4) cover sheet and table of contents for reply brief of Sanford F. Young, P.C., in prior appeal, as pages 207B and 207C;

(5) certificate of compliance dated June 25, 2007, as page 223A;

(6) deposition pages 24 through 29, 74, 75, 165, 236, 405 through 408, 448, and 449, as pages 261A through 261P;

(7) email printout dated February 28, 2008, as page 310A; and

(8) notice of motion dated May 18, 2008, as pages 324A and 324B; and it is further,

ORDERED that the cross motion is granted to the extent set forth above and is otherwise denied; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 21, 2013, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court