Matter of Iwachiw; Estate of Josefa Iwachiw
Motion No: 2005-09391
Slip Opinion No: 2006 NYSlipOp 68777(U)
Decided on May 15, 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

M39621

C/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-09391

In the Matter of Josefa Iwachiw, etc.

Walter Iwachiw, appellant; Michael Iwachiw,

respondent.

(Index No. 29496/02)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to waive the requirements of 22 NYCRR 670.10(g) regarding certification of the record on an appeal from an order of the Supreme Court, Queens County, dated August 22, 2005.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements as the appellant is not aggrieved by the order appealed from; and it is further,

ORDERED that the motion is denied as academic.

SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court