Appellate Division: Second Judicial Department

M216208

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2015-06041, 2015-09424 Nella Manko, appellant, v David A. Gabay, et al., respondents. (Index No. 22148/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Kings County, dated February 23, 2015, and a judgment of the same court dated July 29, 2015, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix and to waive the motion filing fee. Separate motion by the respondents Kaufman Borgeest & Ryan, LLP, and Tracey A. Reiser to dismiss the appeal on the ground that the appellant's appendix is inadequate and contains matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondents Aaronson Rappaport Feinstein & Deutsch, LLP, Mark J. Aaronson, and Elliot J. Zucker to dismiss the appeal on the ground that the the appellant's appendix is inadequate and contains matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the respondents Joshua R. Cohen, Anna R. Schwartz, Jaimee A. Kass, Katherine R. Goldberg, Antonio Lugara, Robert M. Appelbaum, Decorato Cohen Sheehan & Federico, LLP, Garson Decorato & Cohen, LLP, and Garson Gerspach Decorato & Cohen, LLP, in effect, to dismiss the appeal on the ground that the appellant's appendix as inadequate and contains matter dehors the record, or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant pro se for leave to file a replacement brief, for leave to file a supplemental appendix, and for poor person relief.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal, and the branch of the motion, in effect, to dismiss the appeal are granted to the extent that the appellant's appendix and appellant's brief are stricken, and on or before September 23, 2016, the appellant shall serve and file a replacement appendix that contains the papers submitted to the Supreme Court, Kings County, that resulted in the order dated February 23, 2015, and the judgment dated July 29, 2015, and does not contain material dehors the record and a brief that does not refer to matter dehors the record, and those branches of the motions are otherwise denied; and it is further,

ORDERED that the branches of the motions which are to enlarge the movants' time to serve and file their respective briefs are granted, the movants' time to serve and file their respective briefs is enlarged until October 28, 2016, and the movants' briefs must be served and filed on or before that date; and it is further,

ORDERED that the appellant's motion to waive compliance with the requirements of 22 NYCRR 670.10.2(f) is denied with leave to renew by a motion made simultaneously with the filing of the replacement appendix; and it is further,

ORDERED that the branch of the cross motion which is for poor person relief to is denied as unnecessary with respect to waiver of the motion filing fee (see CPLR 8022[b]) and is otherwise denied; and it is further,

ORDERED that the cross motion is otherwise denied as academic in light of the determination of the respondents' motions.

BALKIN, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court