Appellate Division: Second Judicial Department

M252739

E/mmCHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-00400 Bebi Z. Alli, appellant, v Bhojnarine Baijnath, et al., respondents. (Index No. 23432/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated July 27, 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 respondents to dismiss the appeal on the ground that the appellant's appendix is inadequate and for failure to settle the trial transcript.

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 cross motion is denied on condition that on or before August 20, 2018, the appellant properly settles the transcript of the trial in accordance with CPLR 5525 and files with the Clerk of this Court a supplemental appendix containing an errata sheet or an affirmation that there are no changes to the transcript; and it is further,

ORDERED that the motion to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is denied with leave to renew by a motion made simultaneously with the filing of the supplemental appendix or the affirmation that there are no changes to the transcript.

CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court