Matter of Albritton v Fisher
Motion No: 2012-01229
Slip Opinion No: 2012 NY Slip Op 87697(U)
Decided on October 18, 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

M145019

E/sl

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2012-01229

In the Matter of Jemal Albritton, appellant,

v Brian Fisher, etc., respondent.

(Index No. 4157/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Dutchess County, dated September 13, 2011, for leave to reargue those branches of his prior motion which are to waive payment of the filing fee and for free transcripts, which was determined by decision and order on motion of this Court dated August 15, 2012, and to enlarge the time to perfect the appeal.

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 enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of the Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until December 17, 2012; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., BALKIN, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court