Matter of Saul & Co. v AJC Fuel Oil, Inc.
Motion No: 2006-08071
Slip Opinion No: 2007 NYSlipOp 73638(U)
Decided on July 13, 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

M57070

E/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2006-08071, 2007-00690

In the Matter of Saul & Co., etc., respondent,

v AJC Fuel Oil, Inc., et al., defendants;

Jean D. Baptichon, nonparty-appellant;

Diana Prevete, nonparty-respondent.

(Index No. 2294/03)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant pro se on appeals from two orders of the Supreme Court, Nassau County, entered June 21, 2006, and July 20, 2006, respectively, inter alia, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the nonparty-appellant's supplemental appendix.

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 motion is denied; and it is further,

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to comply with the prior decision and order on motion of this court dated April 26, 2007.

RITTER, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court