Matter of Hill, deceased
Motion No: 2008-02994
Slip Opinion No: 2009 NY Slip Op 71850(U)
Decided on May 7, 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

M86291

E/cb

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2008-02994

In the Matter of Walter Hill, Sr., deceased.

Amanda Lewis, appellant; Mohammad

Abul Hashem, respondent.

(File No. 682/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Surrogate's Court, Kings County, dated February 21, 2008, as a poor person, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the 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 on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules(see 22 NYCRR 670.8[e]) and prior orders of this court ; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as academic.

SPOLZINO, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court