HELEN L. HELD (OSMUNDSON) V MARK L. OSMUNDSON
Motion No: CA 15-00013
Slip Opinion No: 2015 NY Slip Op 62499(U)
Decided on January 28, 2015
Appellate Division, Fourth 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.


January 28, 2015

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 15-00013

HELEN L. HELD (OSMUNDSON), PLAINTIFF-RESPONDENT,

V

MARK L. OSMUNDSON, DEFENDANT-APPELLANT.


Appellant having moved for permission to file a lesser number of copies of appellant's brief and record and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on November 13, 2014,

Now, upon reading and filing the affidavit of Mark L. Osmundson sworn to December 22, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that the motion insofar as it seeks permission to file a lesser number of copies of the record is denied, with leave to renew upon filing and serving a new motion that includes an affidavit setting forth the amount and sources of appellant's income, that appellant is unable to pay the costs, fees, and expenses necessary to prosecute the appeal, and whether any other person is beneficially interested in any recovery sought and, if so, whether every such person is unable to pay such costs, fees and expenses (see 22 NYCRR 1000.14 [a] [1]; 1000.15 [b]), and

It is further ORDERED that the motion is otherwise denied.

Entered: January 28, 2015

Frances E. Cafarell, Clerk