Castello v Castello
Motion No: 2014-00765
Slip Opinion No: 2015 NY Slip Op 63814(U)
Decided on February 13, 2015
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M187608

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

JOSEPH J. MALTESE, JJ.

2014-00765

Joann Castello, respondent,

v Anthony Castello, appellant.

(Index No. 1724/12)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated February 10, 2015, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent pro se on an appeal from a judgment of the Supreme Court, Rockland County, dated August 4, 2013, for poor person relief, for the assignment of counsel, and, in effect, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 16, 2015, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., BALKIN, HALL and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court