Appellate Division: Second Judicial Department

M77656

E/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2008-01936 Sally Dinerman, appellant, v NYS Lottery, respondent. (Index No. 34471/07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 31, 2008, and for poor person relief. Separate motions by the appellant for poor person relief, to enlarge the record to include certain letters, and to waive the requirements of 22 NYCRR 670.10(g) regarding the certification of the appendix. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

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

ORDERED that on the court's own motion, the appellant's appendix is stricken for failure to comply with the rules of the court (see 22 NYCRR 670.10.2[c]), and the appeal will be heard on the respondent's appendix; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to perfect the appeal and to waive the requirements of 22 NYCRR 670.10(g), and the application to enlarge the time to serve and file a reply brief are denied as academic as the filing fee for the appeal has been paid; and it is further,

ORDERED that the branches of the motions which are for poor person relief are granted to the extent that the motion filing fees are waived, and those branches of the motions are otherwise denied as academic as the filing fee for the appeal has been paid; and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include certain letters is denied.

PRUDENTI, P.J., SANTUCCI, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court