Opinion
2012-06612 Index No. 2848/09 M147893
12-12-2012
Arthur Wood, appellant, v. Madison Realty Capital, L.P., respondent.
, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated May 4, 2012, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Cross motion by the respondent to direct the appellant to file a supplemental appendix containing certain material, to direct the appellant to subpoena the original papers from the Supreme Court, Kings County, and to enlarge 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 branch of the cross motion which is to direct the appellant to file a supplemental appendix containing certain material is granted to the extent that on or before January 10, 2013, the appellant shall serve and file a supplemental appendix containing the respondent's notice of motion for summary judgment with supporting affirmation and exhibits and its affirmation in reply, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to direct the appellant to subpoena the original papers from the Supreme Court, Kings County, is denied as academic as the original papers have been filed with this Court; and it is further,
ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 10, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is denied with leave to renew when the appellant files the supplemental appendix.
ANGIOLILLO, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court