| Schaller v County of Suffolk |
| Motion No: 2008-09968 |
| Slip Opinion No: 2009 NYSlipOp 67083(U) |
| Decided on March 19, 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
M83524
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2008-09968 Richard J. Schaller, appellant, v County of Suffolk, et al., respondents. (Index No. 12349-05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, dated June 17, 2008, as a poor person, for leave to prosecute the appeal on the original record, to waive the filing fee, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to waive the motion filing fee is granted; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, for leave to prosecute the appeal on the original record, to waive the fee for filing the appeal, and for the assignment of counsel are denied; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until April 21, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
DILLON, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court