Conway v Conway
Motion No: 2009-03623
Slip Opinion No: 2009 NY Slip Op 91658(U)
Decided on December 17, 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

M96160

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2009-03623

Karen A. Conway, respondent,

v Thomas E. Conway, appellant.

(Index No. 3026/07)

DECISION & ORDER ON MOTION

Renewed motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, dated March 17, 2009, as a poor person, 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 for poor person relief is denied, with leave to renew on or before January 8, 2010, upon papers establishing the source and amount of fund used to pay retained counsel; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 19, 2010.

FISHER, J.P., MILLER, ENG and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court