| Cervera v Cervera |
| Motion No: 2012-06886 |
| Slip Opinion No: 2012 NY Slip Op 86477(U) |
| Decided on October 5, 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
M144515
E/sl
RANDALL T. ENG, P. J.
ANITA R. FLORIO
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2012-06886, 2012-07582 Frank Cervera, appellant, v Rossanna Cervera, respondent. (Index No. 8683/97)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion dated October 2, 2012, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se, inter alia, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on an appeal from an order of the Supreme Court, Westchester County, dated July 30, 2012, to consolidate that appeal with an appeal from an order of the same court entered May 23, 2012, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition 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 from the order dated July 30, 2012 (Appellate Division Docket No. 2012-07582), is granted; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is granted to the extent that the appeals will be heard together and will be argued or submitted on the same day; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P. J., FLORIO, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court