Roman v Gallagher
Motion No: 2007-10708
Slip Opinion No: 2008 NYSlipOp 78463(U)
Decided on July 23, 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

M73553

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-10708

Rafael V. Roman, respondent,

v Stephanie Gallagher, et al., appellants.

(Index No. 06-19559)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Westchester County, entered October 9, 2007, to deny the appellants a waiver of 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 the papers filed in opposition thereto, it is

ORDERED that the motion is denied as academic; the record on appeal was certified by an attorney pursuant to CPLR 2105, so the appellant did not seek a waiver of the requirements of 22 NYCRR 670.10.2(f).

SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court