| Consolidated Edison Company of New York, Inc. v Smith |
| Motion No: 2006-06072 |
| Slip Opinion No: 2007 NYSlipOp 63121(U) |
| Decided on February 14, 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. |
Appellate Division: Second Judicial Department
M50819
E/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
DANIEL D. ANGIOLILLO, JJ.
|
2006-06072 Consolidated Edison Company of New York, Inc., respondent, v Jerry Smith, et al., appellants. (Index No. 03-11002)
| DECISION & ORDER ON MOTION |
Motion by the appellant Jerry Smith pro se on an appeal from an order of the Supreme Court, Westchester County, entered May 22, 2006, inter alia, 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 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 with leave to renew when the appeal is perfected; and it is further,
ORDERED that on the court's own motion, the appellants' time to perfect the appeal is enlarged until March 19, 2007, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargements of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
We note that Brenda Smith must appear pro se or by an attorney (see CPLR 3321).
MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court