Matter of G. (Anonymous), Bennie; Iverson, Kathleen
Motion No: 2007-10088
Slip Opinion No: 2008 NYSlipOp 62192(U)
Decided on January 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M64270

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-10088

In the Matter of Bennie G. (Anonymous), appellant.

Kathleen Iverson, etc., et al., respondents.

(Index No. 500249/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to extend his time to file a notice of appeal from an order of the Supreme Court, Queens County, dated June 13, 2007, 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 relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to file a notice of appeal is denied as unnecessary, as the notice of appeal was timely filed; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant and file the other with the Clerk of the trial court together with an affidavit of the fact and date of such delivery and filing; the appellant is directed to turn over those transcripts to the respondent when the appellant serves his brief upon respondent, and it is further,

ORDERED that the appellant shall prosecute the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.4(a) of the rules of this court (22 NYCRR 670.4[a]); and it is further,

ORDERED that the appellant is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that payment of the filing fee is waived.

RIVERA, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court