Smith v Westchester County Department of Correction
Motion No: 2005-10691
Slip Opinion No: 2006 NYSlipOp 75889(U)
Decided on September 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M44469

O/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2005-10691

Mark A. Smith, appellant, v Westchester County

Department of Correction, et al., respondents.

(Index No. 00-4787)

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, to waive the filing fee for the motion and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, and the appellant's time to perfect the appeal is enlarged until October 30, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

ADAMS, J.P., GOLDSTEIN, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court