Opinion
Motion No: 2010-10702 Index No. 20758/09 M126272
09-23-2011
American Express Centurion Bank, respondent, v. Jack Gabay, appellant.
, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Nassau County, dated August 30, 2010, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal. 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 application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until October 24, 2011, and the respondent's brief must be served and filed on or before that date.
MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court