Fill and Sign the New York Motion Form

Motion and Affidavit in Support of Motion for Extension of time to Perfect Appeal STATE OF NEW YORK SUPREME COURT APPELLATE DIVISION ____ (Number) DEPARTMENT __________________ , Motion for Extension of Plaintiff/Appellant time to Perfect Appeal -against- __________________ , Defendant/Appellee App. Div. Case No. __________________ Court Docket No./ File No. __________________ PLEASE TAKE NOTICE, that upon the annexed Affidavit, sworn to on the _____ day of __________________ , 2011, a Motion will be made at a term of this Court to be held in the City of __________________ , New York, on the _____ day of _______________ , 20 ____ , for an Order granting an extension of _____ days, until _______________ (date), to perfect this Appeal pursuant to § 600.11 of the Rules of the Appellate Division of the New York Supreme Court. Dated: __________________ Signature: ____________________________________________ Print Name: ____________________________________________ Address: ____________________________________________ Telephone: ____________________________________________ (Note: Attach Affidavits Below) STATE OF NEW YORK SUPREME COURT APPELLATE DIVISION ______ (Number) DEPARTMENT __________________ , Affidavit in Support of Motion for Plaintiff/Appellant Extension of time to Perfect Appeal -against- __________________ , Defendant/Appellee App. Div. Case No. __________________ Court Docket No./ File No. __________________ STATE OF NEW YORK COUNTY OF __________________ ss: PERSONALLY appeared before me, the undersigned authority in and for said County and State, __________________ , who, having been being first duty sworn by the undersigned Notary Public, deposes and says: 1. That I am the Plaintiff/Appellant in the above captioned matter. 2. That I am pursuing an appeal from a Judgment of the Supreme Court of the State of __________________ , __________________ County, rendered on __________________ , and filed with the __________________ Clerk’s Office on __________________ . Said Judgment granted a Motion to Dismiss of Defendant, __________________ . 3. A Notice of Appeal was filed on __________________ , and the Appendix was filed on __________________ (date). 4. That I have been unable to perfect the Appeal in accordance with § 600.11 of the Rules of the Appellate Division of the New York Supreme Court , since ____________ _____________________________________________________________________ , thereby delaying my perfection of this Appeal pursuant to said § 600.11 of the Rules of the Appellate Division of the New York Supreme Court. 5. That I need an extension of ________ days, until (date), to perfect this Appeal in accordance with said Rules. ___________________________________ (Signature of Affiant) (Printed Name of Affiant) SWORN to and subscribed before me, this the _____ day of ___________ , 20 _____ . _____________________________ NOTARY PUBLIC My Commission Expires: ______________________ AFFIDAVIT OF SERVICE OF MAILING STATE OF NEW YORK COUNTY OF ______________________ ss: PERSONALLY appeared before me, the undersigned authority in and for said County and State, ______________________ , who, having been being first duty sworn by the undersigned Notary Public, deposes and says: On the ______ day of _______________ , 20 ____ , I served a true copy of the annexed Notice of Motion and Supporting Affidavit by mailing the same in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known address of ___________________________________________________ (Name and Address) and to the last known address of the Attorneys for _________________________________ _____________________________________________ (Names and Addresses of Attorneys). ___________________________ (Signature of Affiant) (Printed Name of Affiant) SWORN to and subscribed before me, this the ____ day of _______________ , 20 ____ . _____________________________ NOTARY PUBLIC My Commission Expires: ______________________