| Nasca v Finocchio |
| Motion No: 2006-03719 |
| Slip Opinion No: 2007 NYSlipOp 63643(U) |
| Decided on February 22, 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
M51156
E/nl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
|
2006-03719 Dean Nasca, respondent, v John Finocchio, appellant. (Index No. 30628-02)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 6, 2006, on the ground that the appellant's appendix and brief do not comply with the CPLR or rules of this court, or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that the appellant's appendix and brief are stricken, and on or before April 9, 2007, the appellant shall serve and file a replacement appendix and brief that complies with the CPLR and rules of the court (see CPLR 5578; 22 NYCRR 670.10.2), and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic.
MILLER, J.P., SCHMIDT, RIVERA and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court