| Matter of Smith, deceased |
| Motion No: 2011-05346 |
| Slip Opinion No: 2011 NY Slip Op 91493(U) |
| Decided on December 5, 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. |
Appellate Division: Second Judicial Department
M129807
E/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2011-05346 In the Matter of Russell Smith, deceased. Joseph L. Smith, appellant; Public Administrator, Kings County, et al., respondents. (File No. 3219/85)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to perfect an appeal from an order of the Surrogate's Court, King County, dated April 13, 2011, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal, and for poor person relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until February 3, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix is denied with leave to renew when the record or appendix is filed; and it is further,
ORDERED that the branch of the motion which is for poor person relief is denied.
DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court