| Payne v City of New Rochelle |
| Motion No: 2012-05399 |
| Slip Opinion No: 2013 NY Slip Op 71219(U) |
| Decided on April 19, 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
M154976
E/nl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
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 respondent City of New Rochelle to dismiss an appeal from a judgment of the Supreme Court, Westchester County, dated August 3, 2012, for failure to timely perfect. Separate motion by the appellant pro se to enlarge the time to perfect the appeal, to waive the filing fee, and for free transcripts.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's 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 this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until June 21, 2013; and it is further,
ORDERED that the appellant's motion is otherwise denied; and it is further,
ORDERED that the respondent's motion to dismiss the appeal is denied.
RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court