Appellate Division: Second Judicial Department

M142324

E/ct

PETER B. SKELOS, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2011-06920 Nella Manko, appellant, v Bernard H. Broome, etc., et al., defendants, Professional Evaluation Group, Inc., respondent. (Index No. 20555/10)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 18, 2011, for leave to renew her prior motion for poor person relief and for the assignment of counsel, and to waive the motion filing fee. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion and the cross 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 branches of the motion which are to enlarge the time to perfect the appeal and for leave to renew her prior motion for poor person relief and for the assignment of counsel are denied; and it is further,

ORDERED that the cross motion is granted and 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.

SKELOS, J.P., DILLON, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court