In the Matter of Laura Jo Rudd v Eldon Charles Rogers

Motion No: 528113

Slip Opinion No: 2019 NY Slip Op 79354(U)

Decided on September 6, 2019

Appellate Division, Third 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.

Decided and Entered: September 6, 2019528113

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In the Matter of LAURA JO RUDD,                                                                             Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
ELDON CHARLES ROGERS,
                                                       Respondent.
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Motion for extension of time to perfect appeal.

Motion for permission to proceed as a poor person and for assignment of counsel.

Motion to vacate dismissal and for extension of time to perfect appeal.

Motion for permission to proceed as a poor person.

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

ORDERED that the motion to vacate the dismissal of the appeal and for an extension of time to perfect said appeal is granted, without costs, dismissal of the appeal is vacated (see 22 NYCRR 1250.10 [c]), and the time to perfect the appeal is extended to December 4, 2019, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is denied, without costs, as unnecessary, and it is further

ORDERED that the motions for permission to proceed as a poor person are granted, without costs, only to the extent that the filing fees required by CPLR 8022 are waived, and it is further

ORDERED that the motion for assignment of counsel is denied, without costs.

Garry, P.J., Lynch, Mulvey and Aarons, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court