| Nasca v Finocchio |
| Motion No: 2006-03719 |
| Slip Opinion No: 2007 NYSlipOp 69087(U) |
| Decided on May 8, 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
M54183
E/sl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2006-03719 Dean Nasca, respondent, v John Finocchio, appellant. (Index No. 30628-02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated March 6, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's replacement appendix. Cross motion by the respondent, in effect, to dismiss the appeal on the ground that the appellant's replacement appendix and brief are inadequate.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted, and the appeal is dismissed, without costs or disbursements.
SPOLZINO, J.P., SKELOS, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court