Halley-Boyce v Boyce
Motion No: 2010-07697
Slip Opinion No: 2012 NY Slip Op 81126(U)
Decided on August 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M142000

E/sl

THOMAS A. DICKERSON, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, 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 appellant's replacement appendix. Application by the respondent to strike portions of the replacement appendix on the ground that they contain 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 denied with leave to renew upon serving and filing a supplemental appendix containing relevant portions of the trial transcript; and it is further,

ORDERED that the appellant's time to serve and file a supplemental appendix is extended until September 10, 2012; and it is further,

ORDERED that the respondent's application to strike portions of the replacement appendix is denied without prejudice to making a motion for that relief.

DICKERSON, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court