Appellate Division: Second Judicial Department

M41048

E/mv

HOWARD MILLER, J.P.

THOMAS A. ADAMS

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2006-00360 Brad S. Ralin, appellant, v City of New York, et al., respondents. (Index No. 1284/05)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated November 15, 2005, for leave to enlarge the record on appeal, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, for leave to prosecute the appeal on the original papers, and to amend the pleadings.

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, the appellant's time to perfect the appeal is enlarged until August 21, 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 670.10.2(f) regarding certification of the record on appeal is denied with leave to renew upon submission of the record on appeal; and it is further,

ORDERED that the branches of the motion which are for leave to enlarge the record on appeal, for leave to prosecute the appeal on the original papers, and to amend the pleadings are denied.

MILLER, J.P., ADAMS, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court