Appellate Division: Second Judicial Department

M39619

O/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

MARK C. DILLON, JJ.

2005-10793 GMAC Mortgage Corporation, plaintiff- respondent, v Donald Jones, appellant, Upton, Cohen & Slamowitz, etc., et al., defendants-respondents. (Index No. 23902/98)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, entered October 4, 2005, as a poor person, for the assignment of counsel, to enlarge the time to perfect the appeal, and to waive the requirements of 22 NYCRR 670.10 (g) regarding certification of the record.

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; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until July 3, 2006, and the record or 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 the branch of the motion which is to waive the requirements of 22 NYCRR 670.10 (g) regarding certification of the record is denied with leave to renew after the appeal is perfected; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., MASTRO, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court