In the Matter of New York State Department of Labor petitioner- v New York State Division of Human Rights and Cynthia Lowney

Motion No: 505901

Slip Opinion No: 2009 NY Slip Op 70463(U)

Decided on April 10, 2009

Appellate Division, Third 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.

Decided and Entered: April 10, 2009

Case #
505901

505925

In the Matter of NEW YORK STATE DEPARTMENT OF LABOR (UNEMPLOYMENT INSURANCE APPEAL BOARD), Petitioner-Respondent, v NEW YORK STATE DIVISION OF HUMAN RIGHTS, Respondent, and CYNTHIA LOWNEY, Appellant-Respondent.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal in case No. 505925, for extension of time to file and serve responding brief in case No. 505901, permission to proceed as a poor person and for further relief.

Cross motion to dismiss appeal in case No. 505925 for failure of prosecution and to require the State Division of Human Rights to file the original record.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition and in response thereto, it is

ORDERED that the motion for an extension of time to perfect the appeal in case No. 505925 is granted, without costs, and Cynthia Lowney shall file and serve her appellate brief and appendix on or before June 9, 2009, and it is further

ORDERED that the appeal in case No. 505925 is dismissed, without costs, unless Cynthia Rowley shall file and serve her appellate brief and appendix on or before June 9, 2009, in which event the cross motion to dismiss the appeal in case No. 505925 is denied, and it is further

ORDERED that the motion for an extension of time to file and serve a responding brief in case No. 505901 is denied, without costs, as unnecessary, and it is further

ORDERED that the motion for permission to proceed as a poor person and for further relief is granted, without costs, only to the extent that the appeal in case No. 505925 and the responding brief in case No. 505901 may be perfected upon one signed original and six copies of a typewritten brief and appendix and the filing fees required by CPLR 8022 are waived, and the motion is, in all other respects, denied, and it is further

ORDERED that the cross motion to require the State Division of Human Rights to file its original record is denied, without costs, as unnecessary.
CARDONA, P.J., SPAIN, KANE, STEIN and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court