Appellate Division: Second Judicial Department

M126762

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2011-06388 Kelly Ashmore, respondent, v Benjamin Ashmore, Sr., appellant. (Index No. 37380/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, dated June 30, 2011, inter alia, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, for a preference in the calendaring of the appeal, to direct the Clerk of the Supreme Court, Kings County, "to produce the entire record" pursuant to a certain subpoena, and to place the appeal on active management.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal and for a preference in the calendaring of the appeal are denied with leave to renew when the record or appendix on the appeal and the appellant's brief are served and filed; and it is further,

ORDERED that the branch of the motion which is to direct the Clerk of the Supreme Court, Kings County, "to produce the entire record" pursuant to a certain subpoena is denied without prejudice to the appellant making a motion in the Supreme Court, Kings County, to settle the record on the appeal; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court