Appellate Division: Second Judicial Department

M188095

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-04802 NYCTL 1998-2 Trust, etc., respondent, v Demetrios Tsafatinos, et al., defendants, Stamatiki Tsafatinos, appellant. (Index No. 5956/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, dated January 2, 2014, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the respondent to dismiss the appeal on the ground that the record is inadequate and contains matter dehors the record, or, in the alternative, to direct the appellant to serve and file a supplemental record and to remove certain material from the record. 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 appellant's motion and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the respondent's 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 respondent's motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to direct the appellant to serve and file a supplemental record and to remove certain material from the record is granted, and on or before March 30, 2015, the appellant shall (1) serve and file a supplemental record containing complete copies of the assignment and assumption agreement dated June 30, 2011, the appellants' cross motion to dismiss, the appellant's opposition to the motion for summary judgment, and the appellant's brief filed in connection with a prior appeal that was attached to the appellant's reply affirmation, (2) remove from the copies of the record filed with the Clerk of the Court the material contained on pages 87 through 100, 246 through 280, and 293 through 320; and it is further,

ORDERED that the appellant's motion is denied with leave to renew when the supplemental record is served and filed; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until April 29, 2015, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court