| Klein v Klein |
| Motion No: 2008-00360 |
| Slip Opinion No: 2009 NYSlipOp 60215(U) |
| Decided on January 8, 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. |
Appellate Division: Second Judicial Department
M80856
E/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2008-00360 Norman Klein, respondent, v Marilyn Klein, appellant. (Index No. 41084/04)
| 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 December 4, 2007, for leave to prosecute the appeal as a poor person, and to obtain copies of her file from her former counsel. Cross motion by the respondent to dismiss the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 the cross motion is granted, and the appeal is dismissed, without costs or disbursements; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and to obtain copies of her file from her former counsel are denied as academic.
SKELOS, J.P., FISHER, DICKERSON and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court