Simmons v Mansion Homes, Inc.
Motion No: 2006-10305
Slip Opinion No: 2007 NYSlipOp 86570(U)
Decided on December 17, 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

M63765

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-10305

David Simmons, appellant, v

Mansion Homes, Inc., et al., respondents.

(Index No. 7576/05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 21, 2006, and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is dismissed on the ground that the order to show cause was not served in accordance with its terms.

SANTUCCI, J.P., GOLDSTEIN, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court