Matter of Carvel, deceased
Motion No: 2006-08835 +1
Slip Opinion No: 2007 NYSlipOp 65854(U)
Decided on March 22, 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

M52407

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2006-08835, 2006-08838

In the Matter of Agnes Carvel, deceased.

Pamela Carvel, appellant; Thomas G. Agnes

Carvel Foundation, et al., respondents.

(File No. 98-2165)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from two orders of the Surrogate's Court, Westchester County, dated March 23, 2006, and July 26, 2006, respectively, as a poor person. Separate motion by the appellant pro se to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix.

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 CPLR 5528, 5529; 22 NYCRR 670.10.1, 670.10.2).

ORDERED that the appellant's time to perfect the appeal is enlarged until May 7, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

CRANE, J.P., KRAUSMAN, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court