Matter of Ruggiere v Bloomberg
Motion No: 2007-10909
Slip Opinion No: 2008 NYSlipOp 75701(U)
Decided on June 24, 2008
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

M72178

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2007-10909

In the Matter of Julius R. Ruggiere, et al.,

appellants, v Michael Bloomberg, etc., et al.,

respondents.

(Index No. 12134/07)

DECISION & ORDER ON MOTION

Motion by the appellants pro se on an appeal from a judgment of the Supreme Court, Kings County, dated May 15, 2008, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that on the court's own motion, the notice of appeal from a decision of the same court dated October 16, 2007, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted on condition that on or before July 15, 2008, the appellants serve and file a supplemental record containing the judgment dated May 15, 2008.

MASTRO, J.P., DILLON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court