Opinion
Motion No: 515563
01-07-2013
BANK OF NEW YORK MELLON as TRUSTEE FOR CIT MORTGAGE LOAN TRUST 2007-1, Respondent, v. DIANE RUINSKY, Appellant.
DECISION AND ORDER ON MOTION
Motion for extension of time to perfect appeal, for permission to proceed as a poor person and for assigned counsel.
Cross motion to dismiss appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to March 8, 2013, and it is further
ORDERED that the motion for permission to proceed as a poor person is granted, without costs, to the extent that the appeal may be perfected upon one copy of a record on appeal and one signed original and six typewritten copies of a brief and appendix or seven copies of a record on appeal and one signed original and six typewritten copies of a brief, and the filing fees required by CPLR 8022 are waived, and it is further
ORDERED that the motion for assignment of counsel is denied, without costs, and it is further
ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before March 8, 2013, in which event the cross motion is denied.
MERCURE, J.P., LAHTINEN, SPAIN, McCARTHY and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court