Walter v Castrataro
Motion No: 2010-03615
Slip Opinion No: 2011 NY Slip Op 71191(U)
Decided on April 27, 2011
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

M119167

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-03615, 2011-00637

Margarita T. Walter, appellant,

v Barbara Castrataro, respondent.

(Index No. 09-13534)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se, inter alia, for leave to prosecute appeals from two orders of the Supreme Court, Westchester County, entered March 8, 2010, and December 13, 2010, respectively, as a poor person, for leave to file less than nine copies of the appellant's brief, and to enlarge the time to perfect the appeal from the order entered March 8, 2010.

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 prosecute the appeals on the original papers is granted, and the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any), and on the briefs of the appellant and the respondent. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered March 8, 2010, is granted, and the appellant's time to perfect the appeal from the order entered March 8, 2010, 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 serving and filing her brief on the appeal is enlarged until June 29, 2011; and it is further,

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

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court