Macniallias v Potter
Motion No: 2009-10658
Slip Opinion No: 2010 NY Slip Op 71725(U)
Decided on May 17, 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

M102837

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-10658

Tarlach Macniallias, respondent,

v Kevin Potter, appellant.

(Index No. 531/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an interlocutory judgment of the Supreme Court, Queens County, dated October 1, 2009, as a poor person, for the assignment of counsel, 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 branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until July 13, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., FLORIO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court