| Shahid v Legal Aid Society |
| Motion No: 2016-12305 |
| Slip Opinion No: 2017 NY Slip Op 86427(U) |
| Decided on September 19, 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. |
Appellate Division: Second Judicial Department
M237836
E/sl
ROBERT J. MILLER, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-12305 Abdus Shahid, appellant, v Legal Aid Society, respondent. (Index No. 3585/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated October 13, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the respondent to strike stated portions of the appellant's appendix and the appellant's brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is granted to the extent that (1) pages 26 through 28 of the appellant's appendix are stricken, (2) the third, eighth, and ninth sentences of item 5 of the CPLR 5531 statement of the appellant's appendix and the appellant's brief are stricken, and (3) the following materials are stricken from the appellant's brief: (a) the sentence on page 5 beginning with the words "For this reason Mr. Rapinan" and ending with the citation "Letter to tenants)," (b) the material beginning on page 5 with the words "Legal aid attorney also started creating violations" and ending on page 6 with the words "Director did not give any response," (c) the heading "Point:1," and the first, third, fourth, and fifth sentences on page 7, and (d) Point 2 and Point 3 on page 8; and it is further,
ORDERED that on or before October 11, 2017, the appellant shall either remove the stricken material from the copies of the appellant's appendix and the appellant's brief filed with the Clerk of the Court, or serve and file a replacement appendix and replacement brief that does not contain or refer to the stricken material, and the respondent's motion is otherwise denied; and it is further,
ORDERED that the appellant's motion is granted on condition that the appellant comply with the preceding paragraph.
MILLER, J.P., HINDS-RADIX, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court