Appellate Division: Second Judicial Department

M215517

T/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2015-06282 In the Matter of Joseph Vidal, petitioner, v William A. Lee, etc., et al., respondents. (Index No. 712/15)

DECISION & ORDER ON MOTION

Motion by the petitioner to enlarge the time to perfect a proceeding pursuant to CPLR article 78, which was transferred to this Court by an order of the Supreme Court, Dutchess County, dated July 15, 2015, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the petitioner's appendix, and to enlarge the record on appeal to include his own affidavit, dated April 5, 2016.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the record on appeal to include the petitioner's affidavit, dated April 5, 2016, is denied, and the Clerk of this Court, or her designee, shall remove pages 28 to 31 from the petitioner's appendix submitted to the Clerk of this Court for filing; and it is further,

ORDERED that the branches of the motion which are to enlarge the time to perfect the proceeding and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the petitioner's appendix are granted, and the petitioner's brief and appendix submitted to the Clerk of this Court are accepted for filing and deemed timely served; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until August 29, 2016, and the respondents' brief must be served and filed on or before that date.

CHAMBERS, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court