Mucci v. Mucci

Full title: Joanne Mucci, appellant, v. David Mucci, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: May 23, 2012

2012 N.Y. Slip Op. 73936 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-07064 Index No. 08-23771M138160

05-23-2012

Joanne Mucci, appellant, v. David Mucci, respondent.

DANIEL D. ANGIOLILLO

, J.P.

ARIEL E. BELEN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

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