| Smith v Westchester County Department of Correction |
| Motion No: 2005-10691 |
| Slip Opinion No: 2006 NYSlipOp 62667(U) |
| Decided on February 3, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35698
O/nal
DAVID S. RITTER, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-10691
Mark A. Smith, appellant, v Westchester County Department of Correction, et al., respondents. (Index No. 4787/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Westchester County, entered June 7, 2005, for leave to prosecute the appeal as a poor person, including waiver of the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until April 3, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
RITTER, J.P., MASTRO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court