Appellate Division: Second Judicial Department

M154139

E/nl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SYLVIA HINDS-RADIX, JJ.

2012-11130 DECISION & ORDER ONMOTION Patricia Kane, etc., respondent, v John Galtieri, respondent-appellant; Marilyn Galtieri, appellant-respondent (Index No. 100185/08)

Motion by the respondent-appellant for poor person relief and the assignment of counsel on an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated September 7, 2012. Application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal and cross appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application 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 the application is granted, the appellant-respondent's time to perfect the appeal is enlarged until June 4, 2013, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court