Cervera v Cervera
Motion No: 2012-06886
Slip Opinion No: 2012 NY Slip Op 83397(U)
Decided on September 6, 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

M143024

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-06886

Frank Cervera, appellant,

v Rossanna Cervera, respondent.

(Index No. 97-8683)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered May 23, 2012, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and for a preference in the calendaring of the appeal. Application by the attorney for the child 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 requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the application is granted and the time of the attorney for the child to serve and file a brief is enlarged until October 9, 2012, and the brief of the attorney for the child must be served and filed on or before that date.

RIVERA, J.P., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court