| NYCTL Brownfield, LLC v Scerbo |
| Motion No: 2017-12204 |
| Slip Opinion No: 2018 NY Slip Op 80375(U) |
| Decided on August 13, 2018 |
| 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. |
Appellate Division: Second Judicial Department
M253994
E/sl
ALAN D. SCHEINKMAN, P.J.
ROBERT J. MILLER
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2017-12204 NYCTL Brownfield, LLC, etc., respondent, v Michael Scerbo, appellant, et al., defendants. (Index No. 150482/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the record to include a certain document on an appeal from an order of the Supreme Court, Richmond County, dated September 26, 2017. Separate motion by the appellant pro se 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 appendix does not comply with 22 NYCRR 670.10.2(c)(1)(v).
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion to enlarge the record is denied; and it is further,
ORDERED that the cross motion is denied on condition that on or before September 12, 2018, the appellant remove pages 40 and 49 through 60 of the appellant's appendix and serve and file a supplemental appellant's appendix containing documents numbered 8, 9, 10 through 17, 18, 25, 26, and 28 annexed to Exhibit E of the cross motion or serve and file a replacement appellant's appendix that does not contain the documents contained on pages 40 and 49 through 60 of the appellant's appendix and includes documents numbered 8, 9, 10 through 17, 18, 25, 26, and 28 annexed to Exhibit E of the cross motion; 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 or replacement appellant's appendix.
SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court