Matter of Bruno v Greenville Fire District
Motion No: 2015-12159
Slip Opinion No: 2017 NY Slip Op 82820(U)
Decided on August 14, 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

M235870

E/ct

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

Renewed 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, as well as an unredacted copy of the minutes of the respondent Greenville Board of Fire Commissioners meeting held on September 10, 2013. Cross motion by the respondents to dismiss the appeal and for an award of sanctions.

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 to the extent that the respondents shall file, under seal, an unredacted copy of the minutes of the meeting of the respondent Greenville Board of Fire Commissioners held on September 10, 2013, for in camera review by the panel of Justices assigned to the appeal, when the respondents file their brief, and the unredacted copy of the minutes of the meeting of the respondent Greenville Board of Fire Commissioners held on September 10, 2013, shall remain sealed upon filing, and the motion is otherwise denied; and it is further,

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

ORDERED that on the Court's own motion, the appellant's time to comply with the decision and order on motion of this Court dated May 10, 2017, is extended, and on or before September 11, 2017, the appellant shall remove pages 630 through 636 of the appellant's appendix from the copies of the appellant's appendix filed with the Clerk of the Court and serve and file a replacement brief that does not refer to matter dehors the record; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until October 10, 2017, and the respondents' brief shall 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