Cervera v Bressler
Motion No: 2010-07476
Slip Opinion No: 2011 NY Slip Op 72841(U)
Decided on May 13, 2011
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

M120135

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-07476

Frank Cervera, appellant,

v Rossanna Bressler, respondent.

(Index No. 97-8683)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered July 29, 2010, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, for a preference in the calendaring of the appeal, and, in effect, for an expedited briefing schedule.

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 requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix is granted; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared after all briefs have been filed; and it is further,

ORDERED that the branch of the motion which is, in effect, for an expedited briefing schedule is denied.

RIVERA, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court