Appellate Division: Second Judicial Department

M257224

E/mm

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-00771 US Bank, respondent, v Jairzinho Merzius, appellant, et al., defendants. (Index No. 22267/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated September 27, 2017, to waive compliance with the requirements of 22 NYCRR 1250.7(g) regarding certification of the appellant's appendix. Application by the respondent to strike the appellant's appendix on the ground that it contains matter dehors the record.

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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied with leave to renew, on or before November 26, 2018, upon proper papers; and upon a showing of good cause for the waiver of certification, which shall include setting forth an inability to certify by any of the methods set forth in 22 NYCRR 1250.7(g); in the event that the appellant fails to make the motion set forth above, the Court may dismiss the appeal, without further notice; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is tolled pending the determination of a renewed motion by the appellant to waive compliance with the requirements regarding certification of the appellant's appendix; and it is further,

ORDERED that the application is denied without prejudice to making a motion for the relief sought.

AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court