Freed v Best
Motion No: 2017-03992
Slip Opinion No: 2017 NY Slip Op 92913(U)
Decided on November 21, 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

M240993

E/ct

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2017-03992

Todd E. Freed, et al., respondents, v Barbara

Best, defendant, Zarko Svatovic, appellant.

(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 March 6, 2017, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal. Application by the respondents, in effect, to strike the appendix as inadequate and for failure to comply with the rules of this Court, and to strike the appellant's brief for failure to comply with the rules of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for the relief sought.

MASTRO, J.P., HALL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court