NYCTL Brownfield, LLC v Scerbo
Motion No: 2017-12204
Slip Opinion No: 2018 NY Slip Op 87000(U)
Decided on October 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M256716

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

BETSY BARROS, 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 on an appeal from an order of the Supreme Court, Richmond County, dated September 26, 2017, to waive compliance with the requirements regarding certification of the appellant's appendix. Cross motion by the respondent to dismiss the appeal on the grounds that the appellant's appendix is inadequate and the appellant's appendix and the appellant's brief fail to comply with the rules of this Court, and for failure to comply with a decision and order on motion of this Court dated August 13, 2018.

Upon the papers filed in support of the motion 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 is granted; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., DILLON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court