Appellate Division: Second Judicial Department

M38639

J/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-09528 In the Matter of Curtis McRae, appellant, v New York City Transit Authority, respondent. (Index No. 12636/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 11, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated August 18, 2005, on the original papers and to waive the filing fee.

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 prosecute the appeal on the original papers is granted, the appeal will 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 the branch of the motion which is for waiver of the filing fee is denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal is enlarged until June 20, 2006, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MILLER, J.P., RITTER, SKELOS, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court