Appellate Division: Second Judicial Department

M231623

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2015-12157 Penka Petkova, respondent, v Zdravko Radulovic, appellant. (Index No. 12527/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, dated October 27, 2015, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the replacement appellant's appendix. Cross motion by the respondent, inter alia, to strike the replacement appellant's appendix and replacement appellant's brief on the ground that they contain or refer to matter dehors the record, and to enlarge the 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 motion is granted; and it is further,

ORDERED that the branch of the cross motion which is to strike the replacement appellant's appendix and the replacement appellant's brief on the ground that they contain or refer to matter dehors the record 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 10, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the cross motion is otherwise denied.

MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court