Appellate Division: Second Judicial Department

M34934

A/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2004-02111 Bank of America, NA, respondent, v Daniel M. Tobin, defendant; Veronica Ann Tobin, nonparty-appellant. (Index No. 8849/02)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Orange County, dated February 4, 2004, as a poor person and for the assignment of counsel, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal, and to enlarge the time to perfect the appeal, and cross motion by the respondent to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion and the cross motion and papers filed in opposition or relation thereto, it is

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is denied as premature, with leave to renew upon perfection of the appeal; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

 ORDERED that the appellant's time to perfect the appeal is enlarged until February 22, 2006, and the appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the cross motion is denied.

CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court