Appellate Division: Second Judicial Department

M194029

E/ct

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2014-08494 Arthur Simpkins, appellant, v Joseph Mackey, et al., respondents. (Index No. 11674/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated June 23, 2014, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, or for leave to prosecute the appeal on the original papers. Application by the respondents to dismiss the appeal on the ground, inter alia, that the appellant's appendix is inadequate.

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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as academic as the appeal was perfected by the appendix method; and it is further,

ORDERED that the application is denied without prejudice to making a motion for that relief; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until July 17, 2015, and the respondents' brief must be served and filed on or before that date.

CHAMBERS, J.P., HALL, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court