Appellate Division: Second Judicial Department

M223764

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2013-05431 Pearl Shifer, appellant-respondent, v David Shifer, etc., et al., respondents-appellants, et al., defendant. (Index No. 1434/04)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant David Shifer pro se on an appeal and cross appeals from a judgment of the Supreme Court, Kings County, dated April 8, 2013, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the respondent-appellant David Shifer s replacement joint appendix. Separate motion by the appellant-respondent to strike the respondent-appellant David Shifer s replacement brief and replacement joint appendix on the ground that they refer to or contain matter dehors the record, to enlarge the time to serve and file a reply brief, and to direct the respondent-appellant David Shifer to pay counsel fees in the sum of $4,684.

Upon the papers filed in support of the motion by the respondent-appellant David Shifer and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant-respondent and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the appellant-respondent which is to strike the respondent-appellant David Shifer s replacement brief and replacement joint appendix is granted, and on or before February 14, 2017, the respondent-appellant David Shifer shall serve and file (1) a second replacement brief which contains appropriate citations to the second replacement joint appendix and (2) a second replacement joint appendix which does not contain the material found on pages A2217 through A2239 and A2249 through A2252 of the replacement joint appendix; and it is further,

ORDERED that the branch of the motion by the appellant-respondent which is to enlarge the time to serve and file a reply brief is granted, the appellant-respondent's time to serve and file a reply brief is enlarged until March 16, 2017, and the appellant-respondent's reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion by the appellant-respondent is otherwise denied; and it is further,

ORDERED that the motion by the respondent-appellant David Shifer is denied with leave to serve and file a renewed motion simultaneously with the filing of the second replacement joint appendix.

DILLON, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court