M & T Mortgage Corporation v Bartholomew
Motion No: 2008-00141
Slip Opinion No: 2008 NYSlipOp 81175(U)
Decided on August 26, 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

M74984

E/cb

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-00141, 2008-00142

M & T Mortgage Corporation, respondent,

v Rachel Bartholowmew, et al., defendants;

Shari Dottin, nonparty-appellant.

(Index No. 38161/02)

DECISION & ORDER ON MOTION

Motion by Shari Dottin to enlarge the time to perfect appeals from two orders of the Supreme Court, Kings County, dated June 19, 2007, and August 14, 2007, respectively, and for leave to prosecute the appeals as a poor person.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is denied; and it is further,

ORDERED that on the court's own motion, the appeals are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person is denied as academic.

MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court