Appellate Division: Second Judicial Department

M101518

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

SHERI S. ROMAN, JJ.

2010-01170 Susan Eliasoph, appellant, v Scott L. Eliasoph, respondent. (Index No. 07-200898)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to prosecute an appeal from a judgment of the Supreme Court, Orange County, entered March 31, 2010, respectively, as a poor person.

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 on the court's own motion, the notice of appeal from a decision of the Supreme Court, Orange County, dated January 12, 2010, is deemed to be a premature notice of appeal from the judgment entered March 31, 2010 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied.

RIVERA, J.P., FLORIO, MILLER and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court