Correnti v Suffolk County District Attorney
Motion No: 2010-01256
Slip Opinion No: 2010 NY Slip Op 88240(U)
Decided on November 18, 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

M111043

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-01256

Anthony Correnti, appellant, v Suffolk County

District Attorney, et al., respondents.

(Index No. 8707-08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2009, for leave to reargue his prior motion for poor person relief, which was determined by decision and order on motion dated July 9, 2010, and to enlarge the time to perfect the appeal.

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 reargue is 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 January 7, 2011, and, upon payment of the $315 filing fee on or before January 7, 2011, the appellant's appendix and brief submitted to the Clerk of the Court will be accepted for filing; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that in the event that the appellant pays the filing fee and the appeal is perfected, the respondents shall serve and file a brief, if any, on or before February 7, 2011.

BALKIN, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court