Appellate Division: Second Judicial Department

M42453

O/nl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-09755 Marguerite Dingle, appellant, v 450 East Associates, et al., respondents. (Index No. 50295/02)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to reargue a motion for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, entered September 7, 2005, as a poor person, and for the assignment of counsel, which was determined by decision and order on motion of this court dated May 18, 2006, and to further enlarge the time to perfect the appeal.

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 reargue so much of the prior motion which was for leave to prosecute the appeal on the original papers is granted, upon reargument that branch of the prior motion is granted, and the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondents' briefs; the parties 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 to further enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal is enlarged until September 8, 2006; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., KRAUSMAN, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court