| Le v Le |
| Motion No: 2009-09528 |
| Slip Opinion No: 2010 NY Slip Op 72056(U) |
| Decided on May 20, 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
M103265
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-09528 Stephanie Le, respondent, v Kevin Le, appellant. (Index No. 07-2369)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Rockland County, dated September 17, 2009, (1) in effect, to amend so much of a decision and order on motion of this court dated January 12, 2010, as amended by a decision and order on motion of this court dated March 26, 2010, as conditioned a stay of enforcement of the order dated September 17, 2009, upon the perfection of the appeal on or before April 26, 2010, (2) to enlarge the time to perfect the appeal, and (3) for poor person relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
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 branch of the motion which is to waive payment of the filing fee is denied; and it is further,
ORDERED that the branch of the motion which is to amend the prior decision and order on motion is granted, and the decision and order on motion dated January 12, 2010, as amended by the decision and order on motion dated March 26, 2010, is amended by deleting from the decretal paragraphs thereof the date "April 26, 2010," and substituting therefor the date "June 25, 2010"; 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 June 25, 2010; and it is further,
ORDERED that no further enlargement of time shall be granted.
FISHER, J.P., FLORIO, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court