Citifinancial Mortgage Company, Inc. v Caraballo
Motion No: 2006-00191
Slip Opinion No: 2006 NYSlipOp 77033(U)
Decided on October 3, 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

M45371

O/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT J. LUNN, JJ.

2006-00191

Citifinancial Mortgage Company, Inc., respondent,

v Reynold J. Caraballo, et al., appellants, et al.,

defendants.

(Index No. 3170/04)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from a judgment of the Supreme Court, Kings County, dated November 29, 2006, 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 the papers 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 appellants' record and brief are stricken; and it is further,

ORDERED that on or before November 9, 2006, the appellants' shall serve and file (1) a new record which contains all of the papers submitted to the Supreme Court, Kings County, in connection with the motion which resulted in the order dated November 29, 2006 and omits papers with extraneous markings and (2) a new brief; and it is further,

ORDERED that no further enlargements of time to perfect the appeal shall be granted.

FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court