| Delta Financial Corporation v Morrison |
| Motion No: 2008-08876 |
| Slip Opinion No: 2009 NY Slip Op 72689(U) |
| Decided on May 18, 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
M86786
E/cb
STEVEN W. FISHER, J.P.
MARK C. DILLON
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2008-08876 Delta Financial Corporation, etc., plaintiff, v James E. Morrison, et al., defendants; Christopher Byrne, nonparty-appellant. (Action No. 1)
Delta Funding Residential Exchange Company, LLC, et al., plaintiffs, v Delta Financial Corporation, et al., defendants; Christopher Byrne, nonparty-appellant. (Action No. 2) (Index Nos. 11118/03, 3084/04)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Nassau County, dated August 12, 2008, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the nonparty-appellant's appendix.
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 motion is denied; and it is further,
ORDERED that on the court's own motion, the original papers filed with this court are unsealed only for the purpose of allowing the nonparty-appellant's attorney to review the papers in order to file a certificate pursuant to CPLR 2105, and the nonparty-appellant's attorney shall file the certificate on or before June 17, 2009.
FISHER, J.P., DILLON, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court