Appellate Division: Second Judicial Department

M35624

C/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-07113 Eddie Neal, appellant, v Jim Kim, etc., et al., respondents. (Index No. 11655/03)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated May 16, 2005, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal.

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 enlarge the time to perfect the appeal is granted; the appellant's time to perfect the appeal is enlarged until March 23, 2006, and the appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

 ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix on appeal is denied, with leave to renew upon the perfection of the appeal on a proper appendix which contains only material submitted to the Supreme Court which resulted in the order dated May 16, 2005, and which complies with the rules of this court (see 22 NYCRR 670.9 and 670.10).

RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court