| In the Matter of Laurie West v Dhl Holdings Usa Inc. Workers' Compensation Board |
| Motion No: 510490 |
| Slip Opinion No: 2010 NY Slip Op 88362(U) |
| Decided on November 16, 2010 |
| Appellate Division, Third 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. |
Decided
and Entered: November 16, 2010
Case # 510490
In the Matter of the Claim of LAURIE WEST, Appellant, v Respondent. Respondent. |
DECISION AND ORDER ON MOTION |
Motion for permission to proceed as a poor person.
Motion
for extension of time to serves notices of appeal.
Upon the papers filed in support of the
motions, and no papers having been filed in opposition thereto, it is
ORDERED that the
motion for an extension of time to serve the notices of appeal dated October 1, 2009 and
February 16, 2010 is granted, without costs, and the time to serve the attorney for the employer
and the office of the Attorney General is extended to December 1, 2010, and it is
further
ORDERED that the motion for permission to proceed as a poor person with
respect to the appeal taken by notice of appeal dated October 1, 2009 is denied, without costs,
and without prejudice to renewal in the event appellant seeks and obtains an extension of time to
perfect the appeal pursuant to this Court's Rules of Practice, which require a motion on notice
supported by an affidavit setting forth a reasonable excuse for the delay and facts showing merit
to the appeal, and it is further
ORDERED that the motion for permission to proceed as a
poor person with respect to the appeal taken by notice of appeal dated February 16, 2010 is
granted, without costs, only to the extent that the appeal may be perfected upon the original file
of the Workers' Compensation Board and one signed original and six typewritten copies of a
brief, and the filing fees required by CPLR 8022 are waived.
SPAIN, J.P., ROSE,
KAVANAGH, McCARTHY and EGAN JR., JJ., concur.
ENTER:
Michael
J. Novack
Clerk of the Court