Appellate Division: Second Judicial Department

M50826

E/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-07924 Vivian Scarangella, etc., et al., respondents, v Anthony LaBorde, a/k/a Abdul Majid, appellant. (Index No. 3647/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Dutchess County, entered July 26, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix.

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 appendix and the appellant's brief are stricken, the appellant's time to perfect the appeal is enlarged until April 17, 2007, and the replacement appendix on the appeal containing relevant portions of the trial transcript (see 22 NYCRR 670.10.2[c][l][v]), and the appellant's replacement brief must be served and filed on or before that date, and the appellant shall subpoena the original papers from the Clerk of the Supreme Court, Dutchess County, and the original papers, including a full copy of the trial transcript, must be filed with the Clerk of this court on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted

SPOLZINO, J.P., SKELOS, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court