| Gallagher v Roman |
| Motion No: 2005-08203 |
| Slip Opinion No: 2006 NYSlipOp 70577(U) |
| Decided on June 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
M41019
C/sl
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-08203 Stephanie Gallagher, et al., appellants, v Rafael Roman, et al., respondents. (Index No. 04-19404)
| DECISION & ORDER ON MOTION |
Motion by the appellants pro se to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated July 25, 2005, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal is enlarged until July 25, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
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 denied, with leave to renew when the appeal is perfected; and it is further,
ORDERED that the cross motion is denied.
ADAMS, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court