Opinion
Motion No: 2011-03488 Index No. 14789/10 M136712
04-24-2012
Kristina Dupps, et al., appellants, v. Jessica Betancourt, et al., respondents, et al., defendants.
, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellants pro se on an appeal from an order of the Supreme Court, Nassau County, entered March 15, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellants' appendix. Application by the respondent Bank of New York, inter alia, to strike the appellants' appendix on the ground that it contains matter dehors the record. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
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 applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the application inter alia, to strike the appellants' appendix is denied without prejudice to making a motion for that relief if the respondent Bank of New York be so advised; and it is further,
ORDERED that application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief is granted, the respondent Bank of New York's time to serve and file a brief is enlarged until May 24, 2012, and the respondent Bank of New York's brief must be served and filed on or before that date.
RIVERA, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court