Appellate Division: Second Judicial Department

M67611

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-10214 In the Matter of Tracy Grasso, respondent, v Joseph LaRocca, appellant. (Docket No. F-3359/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Suffolk County, dated October 24, 2007, as a poor person, for the assignment of Janis M. Noto, nunc pro tunc, to prosecute the appeal, and to enlarge the respondent's time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of Janis M. Noto, nunc pro tunc, to prosecute the appeal are denied with leave to renew on or before April 4, 2008, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is denied on the ground that the appellant has no standing to seek an enlargement for the respondent.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court