Appellate Division: Second Judicial Department

M208060

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-06994 Louis Dossous, appellant, v Corporate Owners Bayridge Nissan, Inc., respondent. (Index No. 425/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated May 5, 2015, 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 direct the appellant to correct the record, and 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the cross motion which is to direct the appellant to correct the record is granted to the extent that on or before April 18, 2016, the appellant shall either:

(1) serve and file a supplemental record containing the material annexed to the papers filed in support of the respondent's cross motion as Exhibit Nos. 5 through 21, 25 through 32, and 34 through 36, remove pages A19 through A22, A34, A35, A85, A92 through A97, A104, and A107 through A111 from the copies of the record filed with the Clerk of the Court, and either insert the material annexed to the papers filed in support of the respondent's cross motion as Exhibit Nos. 22 through 24 and 33 to replace the material formerly located on pages A92 through A97 and A108 through 111, respectively, of the copies of the record filed with this Court or include Exhibit Nos. 22 through 24 and 33 in the supplemental record; or

(2) serve and file a replacement record containing the material annexed to the papers filed in support of the respondent's cross motion as Exhibit Nos. 5 through 36 as well as the material in the original record, except the omitted material on pages A19 through A22, A34, A35, A85, A92 through A97, A104, and A107; and it is further,

ORDERED that the motion is denied with leave to renew by a motion made simultaneously upon the filing of the supplemental record or replacement record, as set forth above; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 16, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court