Appellate Division: Second Judicial Department

M42104

O/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-01722 In the Matter of Jose Ramos, appellant, v Jeanine Pirro, etc., respondent. (Index No. 05-14834)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue a prior motion for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, dated February 1, 2006, as a poor person which was determined by decision and order on motion dated April 19, 2006.

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 prior motion which was for leave to proceed on the original papers is granted, and the appeal shall 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 those branches of the motion which are for leave to reargue those branches of the prior motion which were for a copy of the transcript without charge and to waive payment of the filing fee are 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 NYCRR 670.9[d][2]), and by serving and filing his brief on the appeal is enlarged until September 6, 2006.

SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court