Appellate Division: Second Judicial Department

M168114

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2012-05399 Ronald Payne, appellant, v City of New Rochelle, et al., respondents, et al., defendants. (Index No. 04-17536)

DECISION & ORDER ON MOTION

Separate motions by the respondent City of New Rochelle and the respondent McNamee Construction Corp. 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 to enlarge the time to perfect the appeal and, in effect, to waive the filing fee and for free transcripts.

Upon the papers filed in support of the motions to dismiss the appeal and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion 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 February 14, 2014; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branches of the appellant's motion which are, in effect, to waive the filing fee and for free transcripts are denied; and it is further,

ORDERED that the motions to dismiss the appeal are denied.

MASTRO, J.P., RIVERA, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court