| Matter of Pollack, Marvin |
| Motion No: 2009-02741 |
| Slip Opinion No: 2010 NY Slip Op 69456(U) |
| Decided on April 23, 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. |
Appellate Division: Second Judicial Department
M101620
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
ANITA R. FLORIO
LEONARD B. AUSTIN, JJ.
|
2009-02741, 2010-01605 In the Matter of Marvin Pollack, appellant; State of New York, et al., respondents. (Index No. 80-01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Supreme Court, Orange County, dated December 22, 2008 (Appellate Division Docket No. 2009-02741), and October 9, 2009 (Appellate Division Docket No. 2010-01605), respectively, to enlarge the time to perfect the appeal from the order dated December 22, 2008. Separate motion by the appellant, inter alia, to enjoin the respondents from involuntarily medicating him pending hearing and determination of the appeal from the order dated December 22, 2008. Application by the appellant to be provided with copies of certain papers submitted to the court.
Upon the papers filed in support of the motions and the papers filed in opposition and in relation thereto, and upon the application, it is
ORDERED that the motion to enlarge the time to perfect the appeal from the order dated December 22, 2008 (Appellate Division Docket No. 2009-02741), is granted, and 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 June 21, 2010; and it is further,
ORDERED that the motion, inter alia, to enjoin the respondents from seeking to involuntarily medicate the appellant and the application to be provided with copies of all papers submitted in connection with the appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal from the order dated October 9, 2009 (Appellate Division Docket No. 2010-01605), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right or by permission from an interlocutory order in a proceeding pursuant to CPL 330.20 (see CPL 330.20[21]).
RIVERA, J.P., FISHER, FLORIO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court