Rodriguez v Evans
Motion No: 2015-04266
Slip Opinion No: 2016 NY Slip Op 86532(U)
Decided on September 23, 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

M218649

E/ct

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2015-04266, 2015-05494

David Rodriguez, appellant,

v Steven Evans, et al., respondents.

(Index No. 19837/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for the assignment of counsel on appeals from two orders of the Supreme Court, Suffolk County, dated February 26, 2015, and April 6, 2015, respectively, and to enlarge the time to perfect the appeals. Cross motion by the respondent Steven Evans to dismiss the appeals for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the cross motion 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 cross motion is granted, and the appeals are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court.

CHAMBERS, J.P., DICKERSON, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court