Matter of Dun-Zheng Yan v Grays
Motion No: 2006-10358
Slip Opinion No: 2007 NYSlipOp 75648(U)
Decided on August 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

M58485

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2006-10358

In the Matter of Charles Dun-Zheng Yan, appellant,

v Marguerite A. Grays, etc., respondent.

(Index No. 13806/06)

DECISION & ORDER ON MOTION

Separate motions by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated October 4, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal and to enlarge the record on appeal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or relation thereto, and upon the application, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this court (see 22 NYCRR 670.10.2); and it is further,

ORDERED that the motions and application are denied as academic.

CRANE, J.P., FLORIO, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court