Matter of Koehl v Ercole
Motion No: 2009-07526
Slip Opinion No: 2010 NY Slip Op 61180(U)
Decided on January 15, 2010
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

M97323

E/sl

JOSEPH COVELLO, J.P.

FRED T. SANTUCCI

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-07526

In the Matter of Edward Koehl, appellant,

v Robert Ercole, etc., respondent.

(Index No. 1546/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Dutchess County, dated July 13, 2009, for leave to reargue his prior motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, which was determined by decision and order on motion dated October 16, 2009.

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 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 March 16, 2010.

COVELLO, J.P., SANTUCCI, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court