Appellate Division: Second Judicial Department

M95240

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-04321 Paul Cutler, respondent, v Robin Cutler, appellant. (Index No. 07-5082)

DECISION & ORDER ON MOTION

Motion by the counsel assigned to represent the appellant in Supreme Court, to be assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Orange County, dated February 25, 2009, to waive the filing fee, and to enlarge the time to perfect the appeal.

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 assign counsel to represent the appellant on the appeal is denied with leave to review on or before December 31, 2009, upon proper papers by the appellant setting forth the appellant's current financial status, her current address and whether she is interested in pursuing the appeal; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is granted to the extent that the motion filing fee for making this motion is waived and that branch of the motion is otherwise denied; and it is further,

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 February 1, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court