Oyague v Incorporated Village of Malverne
Motion No: 2008-01522
Slip Opinion No: 2010 NY Slip Op 72971(U)
Decided on May 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M102875

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2008-01522

Ralph Oyague, appellant, v Incorporated

Village of Malverne, et al., respondents.

(Index No. 19159/93)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Nassau County, dated January 2, 2008, which was dismissed by a decision and order on motion of this court, dated December 8, 2008, inter alia, to waive the motion filing fee and "to [a]mend the appeal . . . to give the opportunity for [the appellant] to correct his appeal deficiencies."

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 motion filing fee is granted; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court