| Capozzi v Capozzi |
| Motion No: 2007-09402 |
| Slip Opinion No: 2008 NYSlipOp 64239(U) |
| Decided on February 21, 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
M66348
S/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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated February 14, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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 granted, the appellant's time to perfect the appeal is enlarged until March 14, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
FISHER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court