Maline v Maline
Motion No: 2006-07551
Slip Opinion No: 2007 NYSlipOp 63053(U)
Decided on February 13, 2007
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

M50698

T/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2006-07551

Sondra Maline, respondent,

v Aaron Maline, appellant.

(Index No. 04-3661)

DECISION & ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an unsigned transcript of the Supreme Court, Rockland County, dated July 26, 2006.

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an unsigned transcript (see CPLR 2219[a]; Bankers Trust Co. Of Cal. v Ward, 269 AD2d 480, 481); and it is further,

ORDERED that the application is denied as academic.

MASTRO, J.P., RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court