Matter of Koehl v Ercole
Motion No: 2010-08714
Slip Opinion No: 2011 NY Slip Op 82343(U)
Decided on August 31, 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

M125148

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-08714

In the Matter of Edward Koehl, appellant,

v Robert Ercole, etc., respondent.

(Index No. 1546/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order the Supreme Court, Dutchess County, dated July 26, 2010, for leave to reargue those branches of his prior motion which were to waive payment of the filing fee, for free transcripts, and for the assignment of counsel, which were denied by decision and order on motion of this Court dated April 7, 2011.

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 motion is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until October 17, 2011, and upon payment of the filing fee on or before that date the briefs submitted to the Clerk of the Court shall be accepted for filing.

SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court