Macniallias v Potter
Motion No: 2009-10658
Slip Opinion No: 2010 NY Slip Op 79573(U)
Decided on August 13, 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

M106832

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-10658

Tarlach Macniallias, respondent,

v Kevin Potter, appellant.

(Index No. 531/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an interlocutory judgment of the Supreme Court, Queens County, dated October 1, 2009, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that on the court's own motion the respondent's time to serve and file a brief is enlarged, and the respondent's brief submitted to the Clerk of the court is accepted for filing.

COVELLO, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court