| Mucci v Mucci |
| Motion No: 2011-07064 |
| Slip Opinion No: 2012 NY Slip Op 73936(U) |
| Decided on May 23, 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
M138160
E/sl
DANIEL D. ANGIOLILLO, J.P.
ARIEL E. BELEN
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2011-07064 Joanne Mucci, appellant, v David Mucci, respondent. (Index No. 08-23771)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, dated June 24, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix. Separate motion by the respondent, inter alia, in effect, to strike the appellant's appendix and brief for failure to comply with the rules of the Court.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent's motion which is to strike the appellant's appendix and brief is granted and the appellant's appendix and brief are stricken; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to perfect in accordance with the CPLR and the rules of this Court (see CPLR 5528; 22 NYCRR 670.10.2[c]); and it is further,
ORDERED that the respondent's motion is otherwise denied; and it is further,
ORDERED that the appellant's motion is denied as academic.
ANGIOLILLO, J.P., BELEN, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court