People ex rel. Bedell v Ercole
Motion No: 2008-08516
Slip Opinion No: 2009 NY Slip Op 71869(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

M86235

E/cb

PETER B. SKELOS, J.P.

STEVEN W. FISHER

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2008-08516

The People, etc., ex rel. Timothy Bedell,

appellant, v Robert Ercole, etc., respondent.

(Index No. 6343/07)

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 August 6, 2008, and for leave to prosecute the appeal as a poor person.

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 granted, the appellant's time to perfect the appeal is enlarged until July 5, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; 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.

SKELOS, J.P., FISHER, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court