| Matter of Knight v Lucas |
| Motion No: 2008-03220 |
| Slip Opinion No: 2009 NY Slip Op 71853(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. |
Appellate Division: Second Judicial Department
M86293
E/cb
MARK C. DILLON, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
LEONARD B. AUSTIN, JJ.
|
2008-03220 In the Matter of Keith Knight, appellant, v Thomas M. Lucas, etc., respondent.
(Index No. 6676/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated February 27, 2008, and for leave to reargue those branches of his prior motion which were to waive payment of the filing fee and for free transcripts, which were determined by decision and order on motion dated May 27, 2008.
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 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 reargue is denied as academic.
DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court