| Braten v Braten |
| Motion No: 2005-09832 |
| Slip Opinion No: 2007 NYSlipOp 61834(U) |
| Decided on January 25, 2007 |
| 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
M49930
E/mv
STEPHEN G. CRANE, J.P.
WILLIAM F. MASTRO
ROBERT A. SPOLZINO
GLORIA GOLDSTEIN, JJ.
|
2005-09832 Carol Braten, respondent, v Milton Braten, appellant. (Index No. 2047/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated August 30, 2005, as a poor person 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 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 motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of the court (see 22 NYCRR 670.8[e]) and prior orders of this court; and it is further,
ORDERED that the motion is otherwise denied as academic.
CRANE, J.P., MASTRO, SPOLZINO and GOLDSTEIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court