Payne v. City of New Rochelle

Full title: Ronald Payne, appellant, v. City of New Rochelle, et al., respondents.

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

Date published: Apr 19, 2013

2013 N.Y. Slip Op. 71219 (N.Y. App. Div. 2013)

Opinion

2012-05399 Index No. 04-17536 M154976

04-19-2013

Ronald Payne, appellant, v. City of New Rochelle, et al., respondents.

REINALDO E. RIVERA

, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the respondent City of New Rochelle to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 3, 2012, for failure to timely perfect. Separate motion by the appellant pro se to enlarge the time to perfect the appeal, to waive the filing fee, and for free transcripts.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the appellant's motion which is to enlarge the time to perfect the appeal is granted, and 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 June 21, 2013; and it is further,

ORDERED that the appellant's motion is otherwise denied; and it is further,

ORDERED that the respondent's motion to dismiss the appeal is denied.

RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court