Misek-Falkoff v US Alliance Federal Credit Union
Motion No: 2012-07810
Slip Opinion No: 2013 NY Slip Op 89814(U)
Decided on October 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M164483

E/nl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-07810, 2012-07811

Linda D. Misek-Falkoff, etc., appellant,

v US Alliance Federal Credit Union, et al.,

respondents.

(Index No. 11-54885)

DECISION & ORDER ON MOTION

Motion by the respondent Affina Brokerage Services, inter alia, to strike the appellant's brief and the appellants' appendix on the ground that the appendix is inadequate on appeals from two orders of the Supreme Court, Westchester County, both dated June 25, 2012. Cross motion by the appellant pro se to enlarge the record on the appeals.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike the appellant's brief and appendix is granted, the appellant's brief and appendix are stricken and on or before December 2, 2013, the appellant shall serve and file a replacement brief and appendix that complies with the CPLR and rules of the Court (see CPLR 5528, 5529; 22 NYCRR 670.10.2[c], 670.10.3); and it is further,

ORDERED that the cross motion is denied.

ENG, P.J., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court