Bank of America, NA v Tobin
Motion No: 2004-02111
Slip Opinion No: 2006 NYSlipOp 67326(U)
Decided on April 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M38863

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-02111

Bank of America, NA, respondent,

v Daniel M. Tobin, defendant; Victoria

Ann Tobin, nonparty-appellant.

(Index No. 8849/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Orange County, dated February 4, 2004, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief is enlarged until May 25, 2006, and the respondent's brief shall be served and filed on or before that date.

MILLER, J.P., RITTER, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court