Anonymous v Nowicki
Motion No: 2012-08185
Slip Opinion No: 2012 NY Slip Op 85371(U)
Decided on September 26, 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

M144046

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2012-08185

Anonymous, et al., respondents,

v Steven Nowicki, appellant.

(Index No. 2675/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered July 31, 2012, and, in effect, pursuant to CPLR 5520(a) to extend the time to file a notice of appeal, which was timely served, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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, in effect, pursuant to CPLR 5520(a) to extend the time to file the notice of appeal, which was timely served, is granted, and the appellant's time to file the notice of appeal with the Clerk of the Supreme Court, Westchester County, is extended until November 27, 2012; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court