Citifinancial Mortgage Company, Inc. v Caraballo
Motion No: 2006-00191
Slip Opinion No: 2006 NYSlipOp 83014(U)
Decided on December 28, 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

M48590

S/cb

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GLORIA GOLDSTEIN

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, 2005, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. By decision and order on motion dated October 3, 2006, the appellants' motion was denied, the appellants' record and brief were stricken, and the appellants were directed to serve and file (1) a new record which contained all of the papers submitted to the Supreme Court, Kings County, in connection with the motion which resulted in the judgment dated November 29, 2005, and omitted papers with extraneous markings and (2) a new brief, on or before November 9, 2006. The appellants have not complied with the above directives.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated October 3, 2006.

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

ENTER:

James Edward Pelzer

Clerk of the Court