Appellate Division: Second Judicial Department

M237847

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-09347 Joseph A. F. Sadowski, appellant, v David W. Harmon, defendant-respondent; Wendy K. Cardali, nonparty-respondent. (Index No. 4441/13)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, dated March 21, 2016, to waive the filing fee, for leave to less than nine copies of the appellant's brief, and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on the appeal. Cross motion by the defendant-respondent, inter alia, to dismiss the appeal for failure to timely perfect.

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 branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record to be filed in the office of the Clerk of the Court (see 22 NYCRR 670.9 [d][2]) and by filing nine copies of his brief and serving one copy of the brief upon each respondent is enlarged until November 14, 2017; and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on the appeal is denied with leave to renew by a motion made simultaneously with the perfection of the appeal, in the event that the appeal is not perfected on the original papers; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court