Matter of Rodas v RISC Program
Motion No: 2015-07399
Slip Opinion No: 2016 NY Slip Op 76327(U)
Decided on June 10, 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

M213109

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2015-07399

In the Matter of Byron Rodas, appellant,

v RISC Program, etc., et al., respondents.

(Index No. 147/15)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated April 17, 2015. Cross motion by the respondents to dismiss the appeal for failure to timely perfect, and on the grounds that the appellant has misrepresented his financial status in his application for poor person relief and that the appeal lacks merit.

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

ORDERED that the motion is granted, and the appellant's brief is accepted for filing and deemed timely served; and it is further,

ORDERED that the cross motion is denied.

BALKIN, J.P., ROMAN, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court