Appellate Division: Second Judicial Department

M73778

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2007-11648 In the Matter of Michael J. Loughlin, respondent, v Cathleen A. Tokarz, appellant. (Docket No. V-04574-00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue her motion to prosecute an appeal from an order of the Family Court, Suffolk County, dated November 7, 2007, as a poor person, which was determined by decision and order on motion dated May 12, 2008, for the assignment of counsel, and to enlarge the time to perfect the appeal.

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the branches of the motion which are for leave to reargue her prior motion for poor person relief and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until September 2, 2008; and it is further,

ORDERED that no further enlargement of time shall be granted.

SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court