Appellate Division: Second Judicial Department

M298003

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

LOURDES M. VENTURA

LAURENCE L. LOVE, JJ.

2023-10371 Kimberly Werner, appellant, v William Bench, respondent. (Index No. 2246/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated October 6, 2023. Motion by the appellant, inter alia, to extend the time to perfect the appeal and for leave to prosecute the appeal as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before August 26, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied, with leave to renew on or before August 26, 2024, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, (2) the amount and source of counsel fees paid to retained counsel and (3) the amount and source of money used to pay for hearing transcripts; and it is further,

ORDERED that the motion is otherwise denied.

BRATHWAITE NELSON, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court