Appellate Division: Second Judicial Department

M232716

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2016-13001 In the Matter of Nader I. Soliman, appellant, v Suffolk County Department of Public Works, respondent. (Index No. 19429/15)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated October 18, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. By order to show cause dated March 2, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated with entry of a final judgment in the above-entitled matter on February 6, 2017. Separate motion by the appellant to deem the notice of appeal from the order to be a premature notice of appeal from those portions of the judgment which bring the order up for review and, in effect, for leave to serve and file a supplemental appendix containing the judgment.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motions and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's motion to deem the notice of appeal from the order to be a premature notice of appeal from those portions of the judgment which bring the order up for review and, in effect, for leave to serve and file a supplemental appendix containing the judgment is granted, and on or before July 5, 2017, the appellant shall serve and file a supplemental appendix containing the judgment entered February 6, 2017; and it is further,

ORDERED that the appellant's motion 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 application is granted, the respondent's time to serve and file a brief is enlarged until August 4, 2017, and the respondent's brief shall be served and filed on or before that date.

ENG, P.J., DILLON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court