Arciniega v Arciniega
Motion No: 2006-06755
Slip Opinion No: 2007 NYSlipOp 72786(U)
Decided on June 28, 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

M56520

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY, JJ.

2006-06755

Norma Arciniega, respondent,

v Mario Arciniega, appellant.

(Index No. 28533-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated June 26, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of his appendix, to waive the filing fee, and for leave to prosecute the appeal as a poor person.

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 appellant's appendix is granted; and it is further,

ORDERED that the branches of the motion which are to waive the filing fee and for leave to prosecute the appeal as a poor person are denied as academic as the filing fee was paid and the appeal has been perfected.

MASTRO, J.P., RIVERA, SPOLZINO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court