| Cervera v Cervera |
| Motion No: 2008-02647 |
| Slip Opinion No: 2009 NYSlipOp 63131(U) |
| Decided on February 9, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M82127
E/nl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2008-02647 Frank Cervera, appellant, v Rossanna Cervera, respondent. (Index No. 97-8683)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, dated March 18, 2008, to waive the filing fee for making a motion and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent for an attorney's fee and to impose a sanction upon the appellant for making a frivolous motion. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the branch of the motion which is to waive the filing fee is denied; and it is further,
ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is denied without prejudice to renew on or before March 9, 2009, upon paying the motion filing fee; and it is further,
ORDERED that the cross motion is denied; and it is further,
ORDERED that the application is denied without prejudice to renew upon the appellant's renewed motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court