Matter of Clay v New York State Office of Temporary and Di
Motion No: 2008-03139
Slip Opinion No: 2008 NYSlipOp 86864(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M77453

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2008-03139

In the Matter of Perry Clay, appellant,

v New York State Office of Temporary and

Disability Assistance, respondent.

(Index No. 41876/07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, dated March 12, 2008, and for poor person relief.

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

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

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect 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 poor person relief is denied as academic.

SKELOS, J.P., RITTER, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court