McGrath v D'Angio-McGrath
Motion No: 2006-00058
Slip Opinion No: 2006 NYSlipOp 75878(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M44391

C/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2006-00058

John McGrath, appellant,

v Cheryl D'Angio-McGrath, respondent.

(Index No. 18305-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated October 28, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

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

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

ORDERED that on the court's own motion, the appellant's appendix and brief are stricken; and it is further,

ORDERED that on or before November 3, 2006, the appellant shall serve and file a proper appendix containing only the material submitted to the Supreme Court which resulted in the order on appeal, including the parties motion papers, and a brief which complies with the rules of this court (see 22 NYCRR 670.10.1, 670.10.2, 670.10.3).

CRANE, J.P., RITTER, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court