Appellate Division: Second Judicial Department

M257317

E/afa

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

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 regarding certification of the appellant's appendix and the appellant's supplemental appendix. Cross motion by the respondents, inter alia, to dismiss the appeal on the ground that appellant's supplemental appendix is inadequate or, in the alternative, to extend 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 motion is denied with leave to renew, on or before December 10, 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), and upon serving and filing a replacement appellant's brief which does not refer to matter dehors the record; in the event that the appellant fails to make the motion set forth above and serve and file a replacement brief, the Court may dismiss the appeal, without further notice; and it is further,

ORDERED that the branch of the cross motion which is to extend the respondents' time to serve and file a brief is granted to the extent that the respondents' 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 the appellant's supplemental appendix; and it is further,

ORDERED that the cross motion is otherwise denied.

MASTRO, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court