Opinion
Motion No: 2015-11250
06-02-2016
M212514
E/ct
RANDALL T. ENG, P.J.
SHERI S. ROMAN
HECTOR D. LASALLE
BETSY BARROS, JJ.
(Index No. 1553/15)
DECISION & ORDER ON MOTION
Motion by the appellants pro se on an appeal from an order of the Supreme Court, Rockland County, dated September 30, 2015, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondents to dismiss the appeal on the ground that the record is inadequate and contains matter dehors the record.
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 cross motion is denied on condition that on or before July 5, 2016, the appellants serve and file a supplemental record containing the CD-Rom referenced on page 182 of the record and a copy of the DVD submitted by the respondents in connection with the proceeding that was determined by the order dated September 30, 2015, and make the following changes to the copies of the record filed with the Clerk of the Court:
(1) replace pages 69 and 70 with unaltered copies of those pages that were submitted to the Supreme Court;
(2) remove pages 590 through 605;
(3) replace pages 556 and 557 with complete copies of the document on those pages, i.e., that are not cut off at the bottom of the page;
(4) replace pages 420 through 423 with a legible copy of that document;
(5) replace pages 356 through 362 and pages 363 through 369 with accurate copies of the exhibits on those pages, and correct the numbering of those pages in the record and in the table of contents;
(6) replace pages 565 through 567 with copies of those pages that are not cut off at the side; and
(7) replace pages 558 through 559 with legible copies of that document; and it is further,
ORDERED that the motion is denied with leave to renew by a motion made simultaneously with the filing of the supplemental and upon making the corrections to the record set forth above; and it is further,
ORDERED that on the Court's own motion, the respondents' time to serve and file a brief is enlarged until August 4, 2016, and the respondent's brief must be served and filed on or before that date.
ENG, P.J., ROMAN, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court