LORI MARCERA V MICHAEL MARCERA
Motion No: CA 10-02433
Slip Opinion No: 2011 NY Slip Op 73906(U)
Decided on May 24, 2011
Appellate Division, Fourth 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.


May 24, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.

DOCKET NO. CA 10-02433

LORI MARCERA, PLAINTIFF-APPELLANT,

V

MICHAEL MARCERA, DEFENDANT-RESPONDENT.


Respondent having moved for permission to proceed as a poor person, assignment of counsel, and an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 3, 2010,

Now, upon reading and filing the affirmation of James S. Hinman, Esq. dated April 26, 2011, the affidavit of Michael S. Marcera sworn to April 20, 2011, the notice of motion with proof of service thereof, and the statement of Brett C. Granville, Esq. dated May 10, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time file a respondent's brief is granted on the condition that the brief is filed and served on or before June 30, 2011, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before July 15, 2011, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: Assignment of counsel is not available.

Entered: May 24, 2011

Patricia L. Morgan, Clerk