Appellate Division: Second Judicial Department

M79148

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-04025 Irene Pepperman, appellant, v SBL Holdings, etc., et al., respondents. (Index No. 17817/04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered April 21, 2008, for failure to timely perfect. Application by the appellant pro se pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal and to direct her former attorney, inter alia, to provide photographs, an affidavit and certain information concerning an investigator.

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

ORDERED that the branch of the application which is pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal enlarged until December 29, 2008, and the record and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the application which is to direct her former attorney, inter alia, to provide photographs, an affidavit and certain information concerning an investigator is denied without prejudice to making a motion for that relief; and it is further,

ORDERED that the motion by the respondent to dismiss the appeal is denied.

FISHER, J.P., FLORIO, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court