McKie v Saheed
Motion No: 2010-02138
Slip Opinion No: 2011 NY Slip Op 75179(U)
Decided on June 9, 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

M121377

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-02138

Charles McKie, appellant,

v Adam Saheed, etc., et al., defendants,

Flagstar Bank, FSB, respondent.

(Index No. 4671/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an amended interlocutory judgment of the Supreme Court, Nassau County, entered April 29, 2010, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, and for poor person relief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,

ORDERED that the motion is otherwise denied as academic.

COVELLO, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court