Appellate Division: Second Judicial Department

M130995

E/ct

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-07697 Jamesetta Halley-Boyce, respondent, v Hillary Randolph Boyce, appellant. (Index No. 27212/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, entered April 2, 2010, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. By order to show cause dated November 18, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the record on appeal is incomplete because it does not contain the trial transcripts, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the appellant's motion is denied as academic.

SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court