Matter of Curry v Nassau County Sheriff's Department
Motion No: 2008-08050
Slip Opinion No: 2009 NY Slip Op 74865(U)
Decided on June 11, 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

M87864

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2008-08050

In the Matter of Ernest Curry, appellant,

v Nassau County Sheriff's Department,

et al., respondents.

(Index No. 998/06)

DECISION & ORDER ON MOTION

Motion by the appellant to waive the filing fee on an appeal from an order of the Supreme Court, Nassau County, entered July 7, 2008, to assign Mitchell Dranow, Esq, as counsel to prosecute the appeal, and to enlarge the time to perfect the appeal.

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 waive the filing fee is denied; and it is further,

ORDERED that the branch of the motion which is to assign Mitchell Dranow, Esq, as counsel to prosecute the appeal is denied without prejudice to counsel continuing to prosecute the appeal pro bono; and it is further,

ORDERED that branch of the motion which is to enlarge the time to perfect the appeal is granted and the appellant's time to perfect the appeal is enlarged until July 27, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court