Appellate Division: Second Judicial Department

M125407

E/nl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-01486 Arthur Strugatch, appellant-respondent, v Tami Strugatch, respondent-appellant. (Index No. 08-14531)

DECISION & ORDER ON MOTION

Renewed motion by the appellant-respondent pro se on an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered January 25, 2011, to waive payment of the filing fee, for free transcripts, and for the assignment of counsel. Application by the respondent-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal.

Upon the papers filed in support of the motion and the application, 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-respondent'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 November 9, 2011; and it is further,

ORDERED that the application is denied as premature.

MASTRO, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court