Appellate Division: Second Judicial Department

M238694

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-10499 P.B. #7, LLC, respondent, v 231 Fourth Avenue Lyceum, LLC, et al., defendants, Eric Richmond, appellant. (Index No. 10035/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated June 13, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondent, inter alia, to dismiss the appeal on the ground 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 all of the papers that were filed in connection with the motion and the cross motion that were determined by the order dated June 13, 2016, which are not contained in the appellant's appendix; 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