Opinion
Motion No: 2011-00636 Index No. 09-2272 M127983
10-28-2011
Brian McMenamin, appellant, v. Rosemary McMenamin, respondent.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated March 28, 2011, as a poor person and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until December 28, 2011; and it is further,
ORDERED that no further enlargement of time shall be granted.
SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court