| Matter of Brandt v Board of Trustees of Incorporated Village |
| Motion No: 2014-04428 |
| Slip Opinion No: 2015 NY Slip Op 72008(U) |
| Decided on May 1, 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
M191573
E/sl
MARK C. DILLON, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2014-04428
In the Matter of Michael C. Brandt, appellant, v Board of Trustees of Incorporated Village of Bellerose, respondent. (Index No. 10272/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, dated March 14, 2014, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent, inter alia, to dismiss the appeal on the ground that the record on appeal is inadequate. Separate motion by the appellant pro se, inter alia, to preclude the respondent or the respondent's attorney from filing any motion or cross motion papers or briefs without prior leave of this Court, and to impose a sanction upon the respondent's attorney.
Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is denied on condition that on or before June 1, 2015, the appellant serve and file a supplemental record containing the verified petition with any attached exhibits, the verified answer with any attached exhibits, and the documents contained in the Return filed with the Supreme Court, Nassau County, by the Village Clerk of the Incorporated Village of Bellerose, except for those documents already included in the record; 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 record on appeal is denied with leave to renew when the supplemental record is filed; and it is further,
ORDERED that the motion, inter alia, to preclude the respondent or the respondent's attorney from filing any motion or cross motion papers or briefs without prior leave of this Court, and to impose a sanction upon the respondent's attorney is denied; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until July 1, 2015, and the respondent's brief must be served and filed on or before that date.
DILLON, J.P., ROMAN, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court