Eardley v Arouh
Motion No: 2015-03853
Slip Opinion No: 2016 NY Slip Op 79176(U)
Decided on July 11, 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

M214567

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-03853

Anna M. Eardley, respondent,

v Michael Brooks Arouh, appellant.

(Action No. 1)

Michael B. Arouh, appellant,

v Anna M. Eardley, respondent.

(Action No. 2)

(Index Nos. 932/10, 24344/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated January 20, 2015, for leave to serve and file an oversized brief, for poor person relief, including leave to prosecute the appeal on the original papers, to be provided with "all forensic reports," and for leave to file the transcript and exhibits in electronic form by filing 11 copies "on disc." Application by the respondent to impose a sanction upon the appellant.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until August 10, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file an oversized brief is denied without prejudice to making an application pursuant to 22 NYCRR 670.10.3(e); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for the relief sought therein.

BALKIN, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court