People ex rel. Bazil v Marshall
Motion No: 2009-05598
Slip Opinion No: 2009 NY Slip Op 81402(U)
Decided on August 26, 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

M91252

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-05598

The People, etc., ex rel. Kenneth Bazil,

appellant, v Luis Marshall, etc., respondent.

(Index No. 08-25363)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered May 6, 2009, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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 granted, the appellant's time to perfect the appeal is enlarged until October 26, 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 branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied.

SANTUCCI, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court