| Novick v DeRosa |
| Motion No: 2006-08653 +1 |
| Slip Opinion No: 2007 NYSlipOp 68875(U) |
| Decided on May 4, 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
M54195
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
PETER B. SKELOS
WILLIAM E. McCARTHY, JJ.
|
2006-08653, 2007-00787 Donna Novick, appellant, v Frank DeRosa, respondent. (Index No. 30526-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute appeals from two orders of the Supreme Court, Suffolk County, dated July 10, 2006, and November 21, 2006, respectively, on the original papers, to consolidate the appeals, and to enlarge the time to perfect the appeal from the order dated July 10, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated November 21, 2006 (Appellate Division Docket No. 2007-00787), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the branches of the motion which are to consolidate the appeals and for leave to prosecute the appeal from the order dated November 21, 2006, as a poor person are denied as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 10, 2006 (Appellate Division Docket No. 2006-08653), is granted, the appellant's time to perfect that appeal is enlarged until June 8, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal from the order dated July 10, 2006, as a poor person is denied with leave to renew on or before June 8, 2007, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and any and all expenses.
SPOLZINO, J.P., FLORIO, SKELOS and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court