Wells Fargo Bank, NA v Chaplin
Motion No: 2011-05581
Slip Opinion No: 2012 NY Slip Op 82833(U)
Decided on August 29, 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

M142522

E/ct

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-05581, 2011-09077

Wells Fargo Bank, NA, etc., respondent,

v Yvonne Chaplin, appellant, et al., defendants.

(Index No. 918/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Queens County, entered February 14, 2011, and July 20, 2011, respectively, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal and to waive the filing fee for this motion. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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 branch of the motion which is to waive the motion filing fee is denied; and it is further,

ORDERED that the motion is otherwise dismissed with leave to renew on or before September 28, 2012, upon payment of the motion filing fee; and it is further,

ORDERED that in the event that the appellant does not renew the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal on or before September 28, 2012, or does not comply with those requirements, the appeals shall be dismissed, on the Court's own motion, without further notice; and it is further,

ORDERED that the application is held in abeyance in the interim.

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

ENTER:

Aprilanne Agostino

Clerk of the Court