Peikarian v Amini
Motion No: 2005-09503 +1
Slip Opinion No: 2006 NYSlipOp 75628(U)
Decided on September 14, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M43432

G/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-09503, 2005-09504

Behzad Peikarian, etc., respondents,

v Steven Amini, appellant.

(Index No. 3832/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se (1) for leave to reargue those branches of his prior motion which were, inter alia, for leave to prosecute appeals from a judgment of the Supreme Court, Nassau County, entered April 13, 2005, and an order of the same court dated August 19, 2005, as a poor person, and for the assignment of counsel, which were determined by decision and order on motion dated May 15, 2006, and (2) to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is to reargue that branch of the prior motion which was for leave to prosecute the appeals on the original papers is granted and upon reargument, that branch of the appellant's motion which was for leave to prosecute the appeals on the original papers is granted; the appeals 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 the branch of the motion which is to enlarge the time to perfect the appeals is granted; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged until October 27, 2006, and the record or appendix on the appeals 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 reargue those branches of the prior motion which were for, inter alia, waiver of the filing fee, free transcripts, and the assignment of counsel is denied.

SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court