Appellate Division: Second Judicial Department

M46378

Y/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-03464 Michael D. Saltzman, appellant, v Dennys Garcia, et al., respondents. (Index No. 10583/03)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, entered March 3, 2006, as a poor person, to dispense with printing, and for a free transcript, and to 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 branches of the motion which are to waive the filing fee and for leave to proceed on the original papers are granted, the filing fee is waived, 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 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 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/her/its brief on the appeal is enlarged until January 2, 2007; and it is further,

ORDERED that the branch of the motion which is for free transcripts is denied.

CRANE, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court