Falco v Falco
Motion No: 2017-10894
Slip Opinion No: 2018 NY Slip Op 79353(U)
Decided on August 2, 2018
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 DepartmentM253643

E/rr

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-10894

Gabriel Raymond Falco, appellant,

v Laura Ann Bowery Falco, respondent.

(Index No. 21122/13)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated August 30, 2017. Separate motion by the appellant pro se to "address[] the ineffectiveness" of his assigned counsel and for poor person relief.

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

ORDERED that the motion to enlarge the 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 September 6, 2018; and it is further,

ORDERED that the branch of the motion which is to "address[] the ineffectiveness" of his assigned counsel is denied; and it is further,

ORDERED that the branch of the motion which is for poor person relief is denied as unnecessary as the appellant was granted poor person relief by decision and order on motion of this Court dated February 21, 2018.

BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court