Wen Zong Yu v Hua Fan
Motion No: 2008-02562
Slip Opinion No: 2008 NYSlipOp 89005(U)
Decided on November 13, 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

M78366

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

RANDALL T. ENG, JJ.

2008-02562

Wen Zong Yu, appellant,

v Hua Fan, respondent.

(Index No. 19503/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated October 17, 2007, 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 the motion is granted on condition that on or before December 17, 2008, the appellant serve and file a supplemental record containing the appellant's affidavit dated August 24, 2007, with attached exhibits, submitted in support of the motion that resulted in the order dated October 17, 2007, and the respondent's affirmation in opposition to the motion, with attached exhibits; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until January 16, 2009, and the respondent's brief must be served and filed on or before that date.

MASTRO, J.P., RIVERA, FISHER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court