| Ashmore v Ashmore |
| Motion No: 2011-06388 |
| Slip Opinion No: 2011 NY Slip Op 89415(U) |
| Decided on November 10, 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. |
Appellate Division: Second Judicial Department
M128693
E/sl
REINALDO E. RIVERA, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
SHERI S. ROMAN, 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, for leave to reargue his prior motion to stay enforcement of stated portions of the judgment pending hearing and determination of the appeal, which was determined by decision and order on motion of this Court dated August 4, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix, and for a preference in the calendaring of the appeal.
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 of the briefs have been filed; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court