Appellate Division: Second Judicial Department

M42665

S/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-05346 John Glenn Barry Metcalf, appellant, v Marvin Aronson, respondent. (Index No. 53530/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated April 5, 2006, as a poor person, and for the assignment of counsel.

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 for leave to proceed on the original papers is granted, the appeal will 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 branches of the motion which are to waive the filing fee and for the assignment of counsel 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 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until October 2, 2006.

SKELOS, J.P., FISHER, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court