Appellate Division: Second Judicial Department

M252752

E/mmWILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-03908 First American Title Insurance Company, etc., respondent, v Marie Chavannes, etc, defendant, Marvin Comond, appellant. (Index No. 25961/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated January 4, 2017, 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 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 is denied on condition that on or before August 20, 2018, the appellant serves and files a supplemental appendix containing the notice of motion and accompanying papers dated May 5, 2016, filed in support of and the affirmation of Kenneth Brown dated July 24, 2016, and annexed exhibits filed in opposition to, the motion that was determined by the order dated January 4, 2017; 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 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 September 19, 2018, and the respondent's brief shall be served and filed on or before that date.

MASTRO, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court