Appellate Division: Second Judicial Department

M230944

E/afa

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2016-05466 Wells Fargo Bank National Association, etc., respondent, v Nicole Johnson, appellant, et al., defendants. (Index No. 3344/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Dutchess County, dated April 18, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, and to waive the motion filing fee. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Separate application by the respondent, in effect, to direct the appellant to correct the record.

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 applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to waive the motion filing fee 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 dismissed without prejudice to renew on or before June 15, 2017, upon payment of the motion filing fee; and it is further,

ORDERED that the application to enlarge the respondent's time to serve and file a brief is denied without prejudice to renew in the event the appellant moves to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, upon payment of the motion filing fee; and it is further,

ORDERED that the application, in effect, to direct the appellant to correct the record is dismissed without prejudice to making a motion for that relief.

ENG, P.J., RIVERA, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court