Appellate Division: Second Judicial Department

M59053

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HOWARD MILLER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

MARK C. DILLON, JJ.

2006-08653 Donna R. Novick, appellant, v Frank J. DeRosa, etc., respondent. (Index No. 30526-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Suffolk County, dated July 10, 2006, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appellant's appendix and brief are stricken, the appellant's time to perfect the appeal is enlarged, and on or before October 3, 2007, the appellants shall serve and file a proper appendix which contains only the papers submitted to the Supreme Court, Suffolk County, which resulted in the order dated July 10, 2006, and a brief which complies with the CPLR and the rules of this court (see CPLR 5528; 22 NYCRR 670.10.2, 670.10.3); and it is further,

ORDERED that the respondent shall serve and file his brief on or before November 7, 2007.

MILLER, J.P., SANTUCCI, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court