Appellate Division: Second Judicial Department

M57501

E/nl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-08966 Marta Luongo, respondent, v Joseph Luongo, appellant. (Index No. 05-3054)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Orange County, dated July 26, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal and, in effect, to enlarge the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal for failure to timely perfect the same in accordance with the rules of the court.

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 branch of the motion which is to enlarge the time to perfect the appeal is granted and the record and appellant's brief submitted to the Clerk of the court is accepted for filing; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted on condition that on or before August 20, 2007, the appellant serve and file a supplemental record containing the trial exhibits; and it is further,

ORDERED that on or before August 20, 2007, the appellant shall file an affidavit of service for the original record and appellant's brief; and it is further,

ORDERED that the cross motion is denied on condition that the appellant comply with the foregoing directives.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court