Appellate Division: Second Judicial Department

M256276

E/mmRUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2017-12343 Bank of New York Mellon, respondent, v Kevin Vaden, appellant, et al., defendants. (Index No. 15754/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated October 5, 2017, pursuant to 22 NYCRR 1250.7(g) to waive compliance regarding certification of the record on appeal. Separate motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied on condition that on or before November 13, 2018, the appellant removes pages 117 through 271, 421 through 437, and 732 through 753 from the copies of the record filed with the Clerk of this Court; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 13, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the appellant's motion is granted on condition that the appellant remove the material set forth above.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court