| Collins v Collins |
| Motion No: 2012-10130 |
| Slip Opinion No: 2013 NY Slip Op 68023(U) |
| Decided on March 21, 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. |
Appellate Division: Second Judicial Department
M153240
E/nl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2012-10130, 2012-10131, 2012-10132 Sharon Sue Collins, respondent, v Patrick Michael Collins, appellant (Index No. 1341/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute appeals from three orders of the Supreme Court, Dutchess County, dated March 25, 2011, July 13, 2011, and August 30, 2012, respectively, as a poor person.
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 on the Court's own motion, the appeal from the order dated July 13, 2011 (Appellate Division Docket No. 2012-10131), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the branch of the motion which is for poor person relief with respect to the appeal from the order dated July 13, 2011, is denied as academic; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeals from the orders dated March 25, 2011, and August 30, 2012, on the original papers is granted, and those appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee and for free transcripts with respect to the appeals from the orders dated March 25, 2011, and August 30, 2012, are denied; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeals from the orders dated March 25, 2011, and August 30, 2012, by causing the original papers constituting the record on the appeals 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 appeals is enlarged until July 3, 2013.
ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court