| Callaghan v Callaghan |
| Motion No: 2005-10863 |
| Slip Opinion No: 2006 NYSlipOp 75853(U) |
| Decided on September 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. |
Appellate Division: Second Judicial Department
M44462
A/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2005-10863
Janet T. Callaghan, respondent, v Gerard A. Callaghan, defendant; Curtis & Associates, P.C., nonparty-appellant.
(Index No. 3094/01)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Westchester County, dated November 3, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and, in effect, to direct the Supreme Court to reconstruct the record, and cross motion by the respondent, inter alia, to dismiss the appeal, or, in the alternative, to strike the nonparty-appellant's appendix and brief on the ground that the appendix is incomplete and contains material dehors the record and that the brief refers to material dehors the record.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the cross motion which is to strike the appendix and brief is granted, and on or before November 2, 2006, the nonparty-appellant shall serve and file an appendix containing only (1) the motion papers submitted by parties to the Supreme Court, Westchester County, that resulted in the order dated November 3, 2005, (2) exhibits that were actually admitted into evidence at the hearing before Referee Montagnino, and (3) the hearing transcript or portions thereof, and shall serve and file a brief which refers only to material which is properly part of the appendix; and it is further,
ORDERED that the cross motion is otherwise denied; and it is further,
ORDERED 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 as unnecessary, as the appellant may file a certification pursuant to 22 NYCRR 670.10.2(f)(1); and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., GOLDSTEIN, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court