Opinion
2013-03194 Index No. 13726/11 M156654
05-21-2013
In the Matter of Robert Rodriguez, appellant, v. Brian Fischer, etc., respondent.
, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated September 17, 2012, as a poor person, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature as the appellant's time to perfect the appeal does not expire until September 12, 2013.
MASTRO, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court