Appellate Division: Second Judicial Department

M48688

S/cb

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT J. LUNN

DANIEL D. ANGIOLILLO, JJ.

2006-04547, 2006-05706 In the Matter of Mariya Basheva-Petrova, respondent, v Peter Petrov, appellant. (Docket Nos. V-14604-05, V-00007-06, V-00008-06) 2006-04548 Peter Petrov, appellant, v Mariya Basheva-Petrova, respondent. (Index No. 05-03184)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated December 12, 2006, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to prosecute appeals from three orders of the Supreme Court, Westchester County (IDV Part), dated April 6, 2006, April 25, 2006, and May 8, 2006, respectively, as a poor person and for the assignment of counsel, and to enlarge his time to perfect the appeals.

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 prosecute the appeal as a poor person and for the assignment of counsel is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge time is granted, 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 January 12, 2007; and it is further,

ORDERED that no further enlargements of time shall be granted.

RITTER, J.P., SPOLZINO, LUNN and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court