Matter of Linares v Goord
Motion No: 2005-08744
Slip Opinion No: 2006 NYSlipOp 82065(U)
Decided on December 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

M48315

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2005-08744

In the Matter of Jorge Linares, appellant,

v Glenn Goord, etc., respondent.

(Index No. 5059/04)

DECISION & ORDER ON MOTION

Motion by the appellant to waive the filing fee and to be provided with free transcripts on an appeal from an order of the Supreme Court, Dutchess County, dated August 4, 2005, 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 relation thereto, it is

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

ORDERED that on the court's own the motion, the appeal is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the decision and order on motion of this court dated September 25, 2006; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., SPOLZINO, COVELLO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court