| Hense v Baxter |
| Motion No: 2009-06980 |
| Slip Opinion No: 2010 NY Slip Op 66549(U) |
| Decided on March 25, 2010 |
| 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
M100377
E/sl
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-06980 Michael A. Hense, appellant, v Janette A. Baxter, respondent. (Index No. 08-27179)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated June 17, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. 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 no papers having been filed in opposition or in relation thereto, and upon the application, it is
ORDERED that the motion is denied with leave to renew on or before April 26, 2010, upon service of a supplemental appendix containing all affirmations submitted by the parties in connection with the respondent's motion to dismiss; and it is further,
ORDERED that the application is denied as premature with leave to renew if the appellant files a supplemental appendix and renewed motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix and supplemental appendix.
SANTUCCI, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court