Appellate Division: Second Judicial Department

M83131

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-04200, 2009-00308 Linda D. Misek-Falkoff, et al., appellants, v Metropolitan Transit Authority (MTA), et al., respondents; Dubow, Smith & Marothy, nonparty-respondent. (Index No. 05-19034)

DECISION & ORDER ON MOTION

Motion by Linda D. Misek-Falkoff and Adid D. Falkoff pro se to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on an appeal from an order of the Supreme Court, Westchester County, entered April 1, 2008, for leave to appeal to this court from an order of the same court entered October 29, 2008, to consolidate the appeals, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on the appeal from the order entered April 1, 2008 (Appellate Division Docket No. 2008-04200), is granted; and it is further,

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order entered October 29, 2008 (Appellate Division Docket No. 2009-00308), is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order entered April 1, 2008, is denied.

FISHER, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court