Matter of Bruno v Greenville Fire District
Motion No: 2015-12159
Slip Opinion No: 2017 NY Slip Op 73292(U)
Decided on May 10, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M230890

E/sl

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2015-12159

In the Matter of Matthew Bruno, appellant,

v Greenville Fire District, et al., respondents.

(Index No. 1152/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, entered November 9, 2015, inter alia, to enlarge the record to include certain documents, 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 or strike the appellant's appendix and brief and direct the appellant to serve and file replacements on the ground they contain or refer to matter dehors the record, and to enlarge the time to serve and file a brief. Separate application by the respondents for an enlargement of time to serve and file a brief.

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

ORDERED that the branch of the cross motion which is to strike the appellant's appendix is granted to the extent that pages 630 through 636 of the appellant's appendix is stricken, and on or before June 9, 2017, the appellant shall remove those pages from the copies of the appellant's appendix filed with the Clerk of the Court; and it is further,

ORDERED that the branch of the cross motion which is to strike the appellant's brief is granted, and on or before June 9, 2017, the appellant shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that the cross motion is otherwise 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 granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondents' time to serve and file a brief is enlarged until July 10, 2017, and the respondents' brief must be served and filed on or before that date.

RIVERA, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court