Appellate Division: Second Judicial Department

M224183

E/sl

RUTH C. BALKIN, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-00559, 2016-00560 U.S. Bank National Association, etc., respondent, v Melvin Quinones, appellant. (Index No. 5014/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Orange County, both dated January 8, 2016, to enlarge the record to include certain documents, reproduced on pages 80 through 122 of the record on appeal, and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. 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 the papers filed in opposition thereto, and upon the papers filed in support of the application 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 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 record on appeal is granted on condition that on or before February 9, 2017, the appellant removes pages 80 through 122 from the copies of the record on appeal filed with the Clerk of the Court; and it is further,

ORDERED that the application 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.

BALKIN, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court