Appellate Division: Second Judicial Department

M97368

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-06507 DECISION & ORDER ON MOTION Magdalene N. Igbiare, respondent, v Benjamin Igbiare, appellant. (Index No. 16571/97)

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated April 22, 2009, for poor person relief, for the assignment of counsel, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal or the appellant's appendix. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal or the appellant's appendix is denied with leave to renew upon filing the record on appeal or the appellant's appendix; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until March 16, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court