Appellate Division: Second Judicial Department

M181469

E/htr

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2013-10956 Nicholas Cicero, Jr., et al., respondents, v Nicholas Cicero, Sr., et al., appellants. (Index No. 101498/09)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from an order of the Supreme Court, Richmond County, dated September 5, 2013, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellants' appendix. Separate motion by the respondents, inter alia, in effect, to direct the appellants to serve and file a supplemental appendix and to enlarge the time to serve and file a brief.

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

ORDERED that the appellants' motion is granted; and it is further,

ORDERED that the branch of the respondents' motion which is, in effect, to direct the appellants to serve and file a supplemental appendix is granted, and on or before November 19, 2014, the appellants shall serve and file a supplemental appendix which contains those portions of the transcripts necessary for the Court to fully consider the issues to be raised by the appellants and the respondents; and it is further,

ORDERED that the branch of the respondents' motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 19, 2014, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the respondents' motion is otherwise denied.

BALKIN, J.P., CHAMBERS, HALL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court