| Freed v Best |
| Motion No: 2017-01864 |
| Slip Opinion No: 2017 NY Slip Op 87771(U) |
| Decided on October 3, 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
M238700
E/afa
RANDALL T. ENG, P.J.
JEFFREY A. COHEN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2017-01864 Todd E. Freed, et al., respondents, v Barbara Best, appellant, Zarko Svatovic, defendant. (Index No. 1247/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated January 19, 2017, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent to dismiss the appeal on the grounds that no appeal lies from an order denying reargument and that the appellant's appendix is inadequate, or, in the alternative, 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 branch of the cross motion which is to dismiss the appeal on the ground that the appellant's appendix is inadequate is denied on condition that on or before November 2, 2017, the appellant serves and files a supplemental appellant's appendix containing the notice of motion, the appellant's affidavit in support of the motion dated December 12, 2016, with annexed exhibits, and the respondent's affidavit in opposition dated December 29, 2016, with annexed exhibits, filed in connection with the motion that was determined by the order dated January 19, 2017; 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 December 4, 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; and it is further,
ORDERED that the motion is denied with leave to renew by a motion made simultaneously with the filing of the supplemental appellant's appendix.
ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court