Matter of Carvel, deceased; Pamela; Estate of Agnes Carvel
Motion No: 2006-07928
Slip Opinion No: 2007 NYSlipOp 64910(U)
Decided on March 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M51834

E/gts

FRED T. SANTUCCI, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-07928

In the Matter of Agnes Carvel, deceased.

Pamela Carvel, appellant;

Betty Godley, et al., respondents.

(Index No. 2165/98)

DECISION & ORDER ON MOTION

Separate motions by the appellant for leave to prosecute an appeal from an order of the Surrogate's Court, Westchester County, as a poor person, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

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

ORDERED that the motion for leave to prosecute the appeal as a poor person is denied; and it is further,

ORDERED that the motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is denied with leave to renew when the appeal is perfected upon submission of an appendix that complies with the CPLR and rules of this court (see 5528, 5529; 22 NYCRR 670.10.1, 670.10.2).

SANTUCCI, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court