Schenk v Staten Island University Hospital
Motion No: 2009-02910
Slip Opinion No: 2010 NY Slip Op 73258(U)
Decided on June 2, 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

M103704

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2009-02910

Carolyn Schenk, appellant,

v Staten Island University Hospital, et al.,

respondents, et al., defendant.

(Index No. 11938/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Richmond County, dated February 24, 2009, for poor person relief, to waive the binding requirement, to file only one copy of her briefs, to file her briefs by facsimile transmission, and to participate at oral argument by telephone conference.

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 poor person relief is denied as unnecessary insofar as it seeks a copy of the transcript of the stenographic minutes of the proceedings pertaining to the order dated February 24, 2009, as no minutes were taken in connection therewith, and the branch of the motion which is for poor person relief is granted in all other respects; and it is further,

ORDERED that the appeal shall be prosecuted on the original papers and the filing fee is waived; and it is further,

ORDERED that the branches of the motion which are to waive the binding requirement, to file only one copy of the appellant's briefs, to file her briefs by facsimile transmission, and to participate at oral argument by telephone conference are granted; and it is further,

ORDERED that the Clerk of the court, or his designee, shall serve one copy of the appellant's briefs on the respondents; 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 filing her brief on the appeal, is enlarged until July 19, 2010.

SKELOS, J.P., ANGIOLILLO, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court