| Daniel v Daniel |
| Motion No: 2006-08128 |
| Slip Opinion No: 2007 NYSlipOp 76086(U) |
| Decided on August 20, 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
M58710
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
ANITA R. FLORIO
DANIEL D. ANGIOLILLO, JJ.
|
2006-08128 Kathy Morris Daniel, respondent, v Carly Daniel, appellant. (Index No. 13905/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated July 24, 2006, for leave to prosecute the appeal as a poor person and to enlarge the time to perfect the appeal. Application by the respondent to impose a sanction upon the appellant for making a frivolous motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion and the application are 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 and prior orders of this court (see 22 NYCRR 670.8[e]).
RIVERA, J.P., SPOLZINO, FLORIO and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court