People ex rel. Scott v Cunningham
Motion No: 2008-05148
Slip Opinion No: 2009 NYSlipOp 60116(U)
Decided on January 6, 2009
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

M80371

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

THOMAS A. DICKERSON, JJ.

2008-05148

The People, etc., ex rel. Malik Scott, appellant,

v Raymond J. Cunningham, etc., respondent.

(Index No. 34431/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated February 14, 2008, as a poor person and to enlarge the time to perfect the appeal.

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 for leave to prosecute the appeal as a poor person is 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 is enlarged until January 28, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MASTRO, J.P., FLORIO, BALKIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court