Muskat-Roth v Roth
Motion No: 2010-03048
Slip Opinion No: 2010 NY Slip Op 78780(U)
Decided on August 4, 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

M106497

E/ct

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

SHERI S. ROMAN, JJ.

2010-03048

Jeanne Muskat-Roth, respondent,

v Donald Roth, appellant.

(Index No. 791/09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue his prior motion for leave to prosecute an appeal from an order of the Supreme Court, Dutchess County, dated March 8, 2010, as a poor person, which was determined by decision and order on motion dated June 15, 2010. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until October 1, 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., ANGIOLILLO, BALKIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court