| Matter of Alexander v Heath |
| Motion No: 2012-06236 |
| Slip Opinion No: 2013 NY Slip Op 89830(U) |
| Decided on October 29, 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
M164409
E/nl
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, 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 to waive the filing fee on an appeal from a judgment of the Supreme Court, Westchester County, entered May 11, 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 is enlarged until January 6, 2014, 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]); and it is further,
ORDERED that no further enlargement of time shall be granted.
ENG, P.J., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court