| Mohan v Crescent Five Associates |
| Motion No: 2013-07508 |
| Slip Opinion No: 2015 NY Slip Op 68268(U) |
| Decided on March 27, 2015 |
| 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. |
Appellate Division: Second Judicial Department
M189700
T/sl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JOSEPH J. MALTESE, JJ.
|
2013-07508 Sati Mohan, et al., appellants, v Crescent Five Associates, et al., respondents. (Index No. 18751/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on an appeal from an order of the Supreme Court, Queens County, entered June 3, 2013. Cross motion by the respondents to dismiss the appeal on the ground that the appendix is inadequate and contains material which is dehors the record, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before April 25, 2015, the appellants shall serve and file a supplemental appendix containing the respondents' papers filed in support of the motion which was determined in the order appealed from, entered June 3, 2013, the appellants' papers filed in opposition to the motion, the respondents' papers filed in reply, and any other parts of the record on appeal that are necessary to consider the questions raised on the appeal (see CPLR 5528[a][5]), and shall remove from the appendix filed with the Clerk of this Court pages 11-14, 24-33, 40, and 43-45; and it is further,
ORDERED that the branch of the 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 May 26, 2015, and the respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the motion to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix is denied with leave to renew after the appellant complies with the provisions of this decision and order on motion.
SKELOS, J.P., BALKIN, HALL and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court