In the Matter of the Estate of John R. Sims Deceased. Sue Nichols; John R. Sims Jr..



In the Matter of the Estate of John R. Sims Deceased. Sue Nichols; John R. Sims Jr..
Motion No: 506499
Slip Opinion No: 2009 NY Slip Op 74195(U)
Decided on May 22, 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: May 22, 2009

Case # 506499


In the Matter of the Estate of
JOHN R. SIMS, Deceased.
SUE NICHOLS,

Respondent;
JOHN R. SIMS JR.,

Appellant.


DECISION AND ORDER
ON MOTION

Motion for permission to proceed as a poor person and for extension of time to perfect appeal taken by notice of appeal dated February 18, 2009.

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

ORDERED that the motion for permission to proceed as a poor person is granted, without costs, only to the extent that the appeal may be perfected upon one copy of a record on appeal and one signed original and six copies of a typewritten brief and appendix or seven copies of a record on appeal and one signed original and six copies of a typewritten brief, and the filing fees required by CPLR 8022 are waived, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to July 21, 2009.
MERCURE, J.P., KAVANAGH, STEIN, McCARTHY and GARRY, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court