Capozzi v Capozzi
Motion No: 2007-09402
Slip Opinion No: 2008 NYSlipOp 63548(U)
Decided on February 14, 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

M66109

E/sl

STEVEN P. FISHER, J.P.

HOWARD MILLER

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-09402

Andrea Capozzi, respondent,

v Joseph Capozzi, appellant.

(Index No. 203465/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave prosecute an appeal from a judgment of the Supreme Court, Nassau County, entered September 12, 2007, as a poor person and to enlarge the time to perfect the appeal.

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 for leave to prosecute the appeal as a poor person is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature.

FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court