McMenamin v McMenamin
Motion No: 2011-00636
Slip Opinion No: 2012 NY Slip Op 62176(U)
Decided on January 25, 2012
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

M131968

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2011-00636

Brian McMenamin, appellant,

v Rosemary McMenamin, respondent.

(Index No. 09-2272)

DECISION & ORDER ON MOTION

Motion by the respondent pro se for poor person relief and the assignment of counsel on an appeal from a judgment of the Supreme Court, Westchester County, dated March 28, 2011. Separate motion by the appellant pro se to enlarge the time to perfect the appeal and to be furnished with the transcripts of the proceedings, without charge.

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

ORDERED that the branch of the separate 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 the same in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,

ORDERED that the branch of the separate motion which is to be furnished with the transcripts of the proceedings, without charge, and the motion are denied as academic.

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court