Sicuranza v McDonald
Motion No: 2009-08491
Slip Opinion No: 2010 NY Slip Op 88445(U)
Decided on November 19, 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

M111243

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-08491, 2009-08503

Pasquale Sicuranza, appellant,

v Joan McDonald, respondent.

(Appeal No. 1)

Pasquale Sicuranza, respondent,

v Joan McDonald appellant.

(Appeal No. 2)

(Index No. 39100-07)

DECISION & ORDER ON MOTION

Motion by Joan McDonald for poor person relief on appeals from an order of the Supreme Court, Suffolk County, dated July 28, 2009 (Appellate Division Docket No. 2009-08503), and a judgment of the same court dated July 28, 2009 (Appellate Division Docket No. 2009-08491), and to enlarge the time to perfect her appeal from the order.

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; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 28, 2009 (Appellate Division Docket No. 2009-08503), is granted, and on or before December 20, 2010, Joan McDonald shall perfect her appeal from so much of the order dated July 28, 2009, as denied her motion to stay the foreclosure sale by filing a record or appendix (see 22 NYCRR 670.10.2) containing the papers filed in connection with that motion and a brief raising issues concerning that motion; and it is further,

ORDERED that no further enlargement of time for perfecting the appeal under Appellate Division Docket No. 2009-08503 shall be granted.

MASTRO, J.P., RIVERA, LEVENTHAL and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court