| Petkova v Radulovic |
| Motion No: 2015-12157 |
| Slip Opinion No: 2016 NY Slip Op 88438(U) |
| Decided on October 14, 2016 |
| 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
M219674
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
|
2015-12157 Penka Petkova, respondent, v Zdravko Radulovic, appellant. (Index No. 12527/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, dated October 27, 2015, inter alia, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and to waive the motion filing fee. Separate motion by the respondent, inter alia, to strike the appellant's appendix as inadequate, and to strike the appellant's brief on the ground that it refers to matter dehors the record. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent's motion which is to strike the appellant's appendix and the appellant's brief is granted, the appellant's appendix and the appellant's brief are stricken, and on or before November 14, 2016, the appellant shall serve and file a replacement appellant's appendix that contains the full trial transcript and does not contain matter dehors the record, and a replacement appellant's brief that does not refer to matter dehors the record; and it is further,
ORDERED that if the appellant fails to serve and file the replacement appellant's appendix and the replacement appellant's brief on or before November 14, 2016, as set forth above, the Court will dismiss the appeal, without further notice; and it is further,
ORDERED that the respondent's motion is otherwise denied; and it is further,
ORDERED that the appellant's motion is dismissed with leave to renew by a motion made simultaneously upon filing of the replacement appendix and brief and upon payment of the motion filing fee; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until December 27, 2016, and the respondent's brief must be served and filed on or before that date.
BALKIN, J.P., HALL, COHEN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court