Appellate Division: Second Judicial Department

M40430

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-06608 In the Matter of Reginald McFadden, appellant, v New York State Department of Correctional Services, respondent. (Index No. 99-1337)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Rockland County, dated May 23, 2005, and, in effect, for leave to reargue that branch of his prior motion which was to pay a reduced filing fee, which was determined by decision and order on motion of this court dated November 2, 2005.

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 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 August 14, 2006; 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, in effect, for leave to reargue that branch of his prior motion which was to pay a reduced filing fee is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court