Werner v Bench
Motion No: 2024-01583
Slip Opinion No: 2024 NY Slip Op 75169(U)
Decided on September 25, 2024
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

M299508

AFA/

ROBERT J. MILLER, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

DONNA-MARIE E. GOLIA, JJ.

2024-01583

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 January 9, 2024. Motion by the appellant to pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. Application by the appellant pro se to extend the time to perfect the appeal.

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

ORDERED that the motion is denied; and it is further,

ORDER that the application is granted, and on or before October 25, 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.

MILLER, J.P., FORD, DOWLING and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court