| Hayes v Barroga-Hayes |
| Motion No: 2011-08674 |
| Slip Opinion No: 2012 NY Slip Op 73217(U) |
| Decided on May 15, 2012 |
| 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
M137758
E/nl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2011-08674 Michael J. Hayes, Jr., respondent, v Florentina Barroga-Hayes, appellant. (Index No. 5539/97)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Richmond County, dated September 16, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Application by the respondent, in effect, to strike stated portions of the appellant's appendix and brief on the ground that they contain or refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the application is dismissed without prejudice to making a motion for that relief.
ANGIOLILLO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court