Foster v State of New York
Motion No: 2008-09279
Slip Opinion No: 2009 NY Slip Op 81933(U)
Decided on August 31, 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

M91385

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

HOWARD MILLER

DANIEL D. ANGIOLILLO, JJ.

2008-09279

Dana Foster, appellant,

v State of New York, respondent.

(Motion No. M-75479)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Court of Claims, dated September 17, 2008, to encumber his inmate account to pay the filing fee so he need not pay the entire fee at the time of filing.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 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; and it is further,

ORDERED that no further enlargement of time shall be granted.

SPOLZINO, J.P., DILLON, MILLER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court