Appellate Division: Second Judicial Department

M225522

E/ct

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2016-06903 Alfred Magrella, appellant, v Jennifer Ryan, respondent. (Index No. 3206/14)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated June 1, 2016, to enlarge the record to include the transcript of proceedings which occurred on February 21, 2016, and for a preference in the calendaring of the appeal. 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.

Upon the papers filed in support of the motions 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 time to perfect the appeal is denied as unnecessary; and it is further,

ORDERED that the branches of the motion which are to enlarge the record to include the transcript of proceedings which occurred on February 21, 2016, and for a preference in the calendaring of the appeal are denied; and it is further,

ORDERED that on the Court's own motion, or before February 24, 2017, the appellant shall remove the transcript of proceedings which occurred on February 21, 2016, which appears on pages 37 through 43 of the appendix, from the copies of the appellant's appendix filed with the Clerk of the Court; and it is further,

ORDERED that the motion to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted on condition that the appellant remove pages 37 through 43 from the copies of the appellant's appendix filed with the Clerk of the Court, as set forth above.

CHAMBERS, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court