| Matter of Henke v City of Newburgh, New York |
| Motion No: 2009-02029 |
| Slip Opinion No: 2009 NY Slip Op 90049(U) |
| Decided on December 2, 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
M95260
E/sl
STEVEN W. FISHER, J.P.
DANIEL D. ANGIOLILLO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-02029 In the Matter of George A. Henke, Jr., appellant, v City of Newburgh, New York, respondent. (Index No. 08-8094)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Orange County, dated February 25, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Application by the respondent to be awarded costs for the expense incurred in printing the respondent's appendix
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the application is denied without prejudice to the respondent's being awarded costs when the appeal is determined.
FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court