Manko v Broome
Motion No: 2011-02907
Slip Opinion No: 2012 NY Slip Op 80834(U)
Decided on August 8, 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

M141737

E/ct

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2011-02907

Nella Manko, appellant, v Bernard H.

Broome, etc., et al., respondents.

(Index No. 20555/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated January 19, 2011, for leave to prosecute the appeal as a poor person, for the assignment of counsel, and to waive the motion filing fee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary (see 22 NYCRR 670.22[a][2]); and it is further,

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

ORDERED that the motion is otherwise denied as academic.

FLORIO, J.P., BALKIN, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court