Appellate Division: Second Judicial Department

M224345

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2016-09067 Todd E. Freed, et al., respondents, v Barbara Best, defendant, Zarko Svatovic, appellant. (Index No. 1247/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 9, 2016, and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondents to dismiss the appeal on the ground that the order dated May 9, 2016, in effect, denied reargument or on the ground that the appellant's appendix and the appellant's brief are inadequate, or, in the alternative, to enlarge the time to serve and file a brief, to impose a sanction upon the appellant, and to preclude the appellant from making any further motions in this Court for provisional relief. Separate motion by the appellant, inter alia, to impose a sanction upon the respondents.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is denied; and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is denied with leave to renew on or before February 9, 2017, on conduction that before the motion is filed, the appellant shall (1) remove pages 136 through 144 from the copies of the appellant's appendix filed with the Clerk of this Court, (2) serve and file a supplemental appellant's appendix containing the papers filed by the respondent in the Supreme Court, Suffolk County, opposing the motion that resulted in the order dated May 9, 2016, (3) include in the motion to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix a request to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's supplemental appendix, and (4) file the renewed motion at the same time as filing the appellant's supplemental appendix; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the order dated May 9, 2016, in effect, denied reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 13, 2017, 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; and it is further,

ORDERED that the motion, inter alia, to impose a sanction upon the respondents is denied.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court