Appellate Division: Second Judicial Department

M250822

E/afa

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-11972, 2016-03689 Rossrock Fund II, L.P., respondent, v Carlos Luis Toledo, et al., defendants, Claudette Boothe, appellant. (Index No. 44329/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Kings County, dated September 22, 2015, and February 23, 2016, respectively, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix filed in connection with the appeal from the order dated February 23, 2016. Application by the respondent to strike the appellant's appendix on the grounds that it is inadequate and contains matter dehors the record.

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 on the Court's own motion, the appeal from the order dated September 22, 2015, is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]); and it is further,

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

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

BALKIN, J.P., COHEN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court