Appellate Division: Second Judicial Department

M160462

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2012-05515, 2013-06335 Christopher-Earl Strunk, appellant, v New York State Board of Elections, et al., respondents. (Index No. 6500/11)

DECISION & ORDER ON MOTION

Motion by the appellant to direct the Clerk of this Court to certify the appellant's appendix on an appeal from an order of the Supreme Court, Kings County, dated April 11, 2012. Separate cross motions by the respondent Peter G. Peterson, the respondent George Soros, and the respondents Zbigniew Kaimierz Brzezinski, Mark Brzezinski, and Ian Brzezinski to direct the appellant to file a supplemental appendix containing certain material, or for leave to file a supplemental appendix. Separate motion by the appellant to consolidate the appeal from the order dated April 11, 2012, with an appeal from an order of the same court dated March 29, 2013, or to calendar the appeals together. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the respondents' time to serve and file their respective briefs.

Upon the papers filed in support of the motion to direct the Clerk of this Court to certify the appellant's appendix and the papers filed in opposition thereto, upon the papers filed in support of the cross motions and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the motion to consolidate the appeals, or to calendar the appeals together and no papers having been filed in opposition or in relation 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 on the Court's own motion, the notice of appeal from the order dated March 29, 2013, is treated as an application for leave to appeal from that order and leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is calendar the appeals together is granted and the appeals will be argued or submitted on the same day; and it is further,

ORDERED that the cross motions are granted to the extent that on or before September 27, 2013, the appellant shall serve and file a supplemental appellant's appendix containing those portions of the record necessary for the Court to fully consider the issues (see 22 NYCRR 670.10.2[c][1]), and the cross motions are otherwise denied as unnecessary as the respondents may file an appendix (see CPLR 5528[b]); and it is further,

ORDERED that the motion to direct the Clerk of this Court to certify the appellant's appendix is denied without prejudice to moving, on or before September 27, 2013, for this relief in the Supreme Court, Kings County, or moving in this Court to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal and certification of the supplemental appendix on the appeal, if necessary; and it is further,

ORDERED that the application is granted and the respondents' time to serve and file their respective briefs is enlarged until October 28, 2013, and the respondents' briefs, if any, must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, CHAMBERS and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court