Matter of Butler v Capra
Motion No: 2014-11005
Slip Opinion No: 2015 NY Slip Op 66565(U)
Decided on March 11, 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

M188815

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

JOSEPH J. MALTESE, JJ.

2014-11005

In the Matter of Gary Butler, appellant,

v Michael Capra, respondent.

(Index No. 150/14)

DECISION & ORDER ON MOTION

Motion by the appellant for leave for prosecute an appeal from a judgment of the Supreme Court, Westchester County, entered October 2, 2014, as a poor person. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application 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 the application is granted, the appellant's time to perfect the appeal is enlarged until May 13, 2015, and the record or appendix on the appeal and the appellant'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