Lowe v Lowe
Motion No: 2015-02259
Slip Opinion No: 2016 NY Slip Op 61536(U)
Decided on January 19, 2016
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

M204785

E/sl

THOMAS A. DICKERSON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-02259

Christine Lowe, etc., respondent,

v Mendel Lowe, appellant.

(Index No. 54397/12)

DECISION & ORDER ON MOTION

Motion by the appellant for an enlargement of time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 11, 2014, and for poor person relief, including leave to prosecute the appeal on the original record and waiver of the filing fee.

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 branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is for an enlargement of 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 March 14, 2016; and it is further,

ORDERED that the motion is otherwise denied.

DICKERSON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court