Matter of Alexander v Heath
Motion No: 2012-06236
Slip Opinion No: 2013 NY Slip Op 64409(U)
Decided on February 13, 2013
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

M151168

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2012-06236

In the Matter of Derrick Alexander, appellant,

v Philip Heath, etc., respondent.

(Index No. 12-139)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered May 11, 2012, for leave to reargue those branches of his prior motion which are to waive payment of the filing fee and for free transcripts, which were determined by decision and order on motion of this Court dated August 29, 2012.

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 motion is denied; and it is further,

ORDERED that on the Court's own motion, 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 his brief on the appeal is enlarged until April 12, 2013.

ENG, P.J., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court