Appellate Division: Second Judicial Department

M142479

E/ct

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-05994 Nella Manko, appellant, v Elton Strauss, etc., et al., respondents, et al., defendants. (Index No. 25157/10)

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 April 5, 2011, for leave to renew her prior motion for poor person relief and for the assignment of counsel, to waive the motion filing fee, and to direct the respondents to furnish her with certain x-ray films and "correct" her medical records.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 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.

ANGIOLILLO, J.P., BELEN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court