Payne v City of New Rochelle
Motion No: 2012-05399
Slip Opinion No: 2012 NY Slip Op 93690(U)
Decided on December 13, 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

M147833

E/ct

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-05399

Ronald Payne, appellant, v City of New

Rochelle, et al., respondents.

(Index No. 04-17536)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, dated July 16, 2012, for leave to reargue those branches of his prior motion which were to waive the filing fee and for free transcripts, which were denied by decision and order on motion of this Court dated August 3, 2012, and, in effect, to enlarge the time to perfect the appeal.

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 for leave to reargue is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal is granted, 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 this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until February 8, 2013.

SKELOS, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court