| Matter of Olsey v Birch |
| Motion No: 2006-11258 |
| Slip Opinion No: 2008 NYSlipOp 61668(U) |
| Decided on January 22, 2008 |
| 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
M65116
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
JOSEPH COVELLO
EDWARD D. CARNI, JJ.
|
2006-11258 In the Matter of Lillian Olsey, appellant, v Carol Birch, respondent. (Docket Nos. V-12958-06, V-12959-06)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Family Court, Westchester County, dated October 13, 2006, to enlarge the time to perfect the appeal and for leave to prosecute the appeal as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is 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]); and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as academic.
RITTER, J.P., SANTUCCI, COVELLO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court