| Lieberman v Green |
| Motion No: 2018-01470 |
| Slip Opinion No: 2018 NY Slip Op 82345(U) |
| Decided on September 5, 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
M254821
E/htr
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2018-01470 Mitchell P. Lieberman, et al., respondents, v David Green, appellant. (Index No. 70043/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, dated December 1, 2017, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondents, inter alia, to strike stated portions of the appellant's appendix on the ground that it contains matter dehors the record, to direct the appellant to serve and file a supplemental appellant's appendix, and 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 branches of the cross motion which are to strike stated portions of the appellant's appendix and to direct the appellant to serve and file a supplemental appellant's appendix are granted, and on or before October 5, 2018, the appellant shall remove the pages containing the documents referenced in paragraph 13 of the affirmation of Mark Housman dated July 24, 2018, filed in support of the cross motion which are contained in the appellant's appendix filed with the Clerk of the Court and serve and file a supplemental appellant's appendix containing the documents referenced in paragraphs 18 through 24 and 26 of the affirmation of Mark Housman dated July 24, 2018; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until November 5, 2018, and the respondents' brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is denied with leave to renew by a motion made simultaneously with the filing of the supplemental appellant's appendix.
DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court