Appellate Division: Second Judicial Department

M223306

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-05367 Thomas Butterfield, appellant, v Huntington Union Free School District, respondent (Index No. 22936/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated April 8, 2016, on the ground that the appellant's appendix is inadequate. Separate motion by the appellant pro se to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. 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 motion and no papers having been filed in opposition thereto, it is

ORDERED that the respondent's motion is denied on condition that on or before February 6, 2017, the appellant serve and file a supplemental appellant's appendix containing the papers submitted by the parties in connection with the motion that resulted in the order dated April 8, 2016; and it is further,

ORDERED that the appellant's motion is denied with leave to renew by a motion made simultaneously with the filing of the supplemental appellant's appendix; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until March 8, 2017, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court