Appellate Division: Second Judicial Department

M224684

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2016-01709 In the Matter of Dwayne A. (Anonymous). Annette D. (Anonymous), petitioner-appellant. (File No. 776/89)

DECISION & ORDER ON MOTION

Motion by the petitioner-appellant pro se for poor person relief on an appeal from an order of the Surrogate's Court, Westchester County, dated November 30, 2015, and to enlarge the time to perfect the appeal.

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 to enlarge the time to perfect the appeal is granted, and the petitioner-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 21, 2017; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court