Appellate Division: Second Judicial Department

M37928

T/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-07077 Jose Santos, appellant, v State of New York, respondent. (Claim No. 108300)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to prosecute an appeal from a judgment of the Court of Claims dated June 30, 2005, as a poor person, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that those branches of the motion which are for a copy of the transcript without charge, and to waive payment of the filing fee are denied; and it is further,

 ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 22, 2006.

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court