| Martin v Geico Direct Insurance |
| Motion No: 2005-08091 |
| Slip Opinion No: 2006 NYSlipOp 65295(U) |
| Decided on March 20, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37278
T/sl
GABRIEL M. KRAUSMAN, J.P.
DANIEL F. LUCIANO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-08091 Elaine Martin, appellant, v Geico Direct Insurance, respondent. (Index No. 12562/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated July 14, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and cross motion by the respondent to dismiss the appeal on the ground that the record is incomplete, or, in the alternative, to enlarge its 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 on the court's own motion the record is deemed to be an appendix; and it is further,
ORDERED that the Clerk of this court shall subpoena the original papers from the Clerk of the Supreme Court, Queens County; and it is further,
ORDERED that the motion is granted; and it is further,
ORDERED that the cross motion is granted to the extent that the respondent's time to serve and file a brief and, if it be so advised, an appendix (see CPLR 5528[b]), is enlarged until April 17, 2006, and the respondent's brief shall be served and filed on or before that date, and the cross motion is otherwise denied.
KRAUSMAN, J.P., LUCIANO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court