Bibas v Bibas
Motion No: 2008-09325
Slip Opinion No: 2008 NYSlipOp 91266(U)
Decided on December 8, 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

M79597

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2008-09325

Dafna Bibas, respondent,

v Charles Bibas, appellant.

(Index No. 201760/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from an order of the Supreme Court, Nassau County, dated November 5, 2007, and 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 or in relation thereto, it is

ORDERED that the branch of motion which is to enlarge the record is denied; and it is further,

ORDERED that the branch of motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted on condition that on or before December 23, 2008, the appellant delete or remove the following pages from the copies of the record on appeal filed with the Clerk of this court: pages 201 through 544 of Volume I and pages 19 through 64 of Volume II, or serve and file a replacement record which does not contain the stricken material.

SKELOS, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court