Matter of Relyen v Metropolitan Transportation Authority
Motion No: 2010-12108
Slip Opinion No: 2011 NY Slip Op 77966(U)
Decided on July 8, 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

M122841

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

SANDRA L. SGROI, JJ.

2010-12108

In the Matter of Joseph Relyen, appellant,

v Metropolitan Transportation Authority,

respondent.

(Index No. 1596/10)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated October 22, 2010, as a poor person, and to enlarge the time to perfect the appeal.

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 for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal 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 his brief on the appeal is enlarged until September 23, 2011; and it is further,

ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts are denied.

COVELLO, J.P., ANGIOLILLO, DICKERSON and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court