Appellate Division: Second Judicial Department

M38387

Y/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2005-07041 Seraphima Shagoury, respondent, v Stephen Shagoury, appellant. (Index No. 18409/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue his prior motion for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, dated May 24, 2005, as a poor person, to waive the filing fee, and for free transcripts, which was determined by decision and order on motion of this court dated November 21, 2005.

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 for leave to reargue that branch of the appellant's prior motion which was to waive the filing fee is granted, and, upon reargument, that branch of the appellant's prior motion which was to waive the filing fee is granted, and the filing fee is waived; and it is further,

ORDERED that the motion for leave to reargue is otherwise denied; and it is further,

ORDERED that on the court's own motion 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 June 14, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., ADAMS, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court