| Matter of Alexander v Heath |
| Motion No: 2012-06236 |
| Slip Opinion No: 2013 NY Slip Op 80385(U) |
| Decided on July 22, 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
M159651
E/ct
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
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 pro se on an appeal from a judgment of the Supreme Court, Westchester County, entered May 11, 2012, for leave to reargue his prior motion, inter alia, to waive the filing fee, which was determined by decision and order on motion of this Court dated May 6, 2013.
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 is enlarged until September 26, 2013, and, upon payment of the $315 filing fee on or before that date the brief submitted to the Clerk of the Court will be accepted for filing and the Clerk of the Court, or her designee, will subpoena the original papers constituting the record on the appeal (see 22 NYCRR 670.9[d][2]).
ANGIOLILLO, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court