| Mortgage Electronic Registration Systems, Inc. v Liubicich |
| Motion No: 2011-06790 |
| Slip Opinion No: 2012 NY Slip Op 84402(U) |
| Decided on September 12, 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. |
Appellate Division: Second Judicial Department
M143372
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-06790 Mortgage Electronic Registration Systems, Inc., respondent, v Carol A. Liubicich, appellant, et al., defendants. (Index No. 103768/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant for poor person relief on an appeal from an order of the Supreme Court, Richmond County, dated May 11, 2011, to refund the filing fee, and to extend the time to comply with a decision and order on motion of this Court dated May 23, 2012, which directed her to serve and file a replacement appendix that does not contain matter dehors the record and complies with CPLR 5528 and 22 NYCRR 670.10.2 on or before a date certain.
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 extend the time to comply with a decision and order on motion of this Court dated May 23, 2012, is granted and on or before October 12, 2012, the appellant shall serve and file a replacement appendix that does not contain matter dehors the record and complies with CPLR 5528 and 22 NYCRR 670.10.2; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., DICKERSON, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court