Appellate Division: Second Judicial Department

M48942

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2006-03306, 2006-11104 Avraham Levi, appellant, v Sigal Levi, respondent. (Index No. 43247/01)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue that branch of his prior motion which was for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated November 28, 2005 (Appellate Division Docket No. 2006-03306), as a poor person, and for the assignment of counsel, which was determined by decision and order on motion dated July 20, 2006, and for leave to reargue his prior motion for leave to renew that branch of his prior motion which was for leave to prosecute the appeal from the judgment as a poor person and for the assignment of counsel, which was determined by decision and order on motion dated September 25, 2006. Separate motion by the appellant to stay enforcement of an order of the same court dated October 23, 2006, pending hearing and determination of an appeal therefrom (Appellate Division Docket No. 2006-11104). Cross motion by the respondent to dismiss the appeals for failure to timely perfect the same in accordance with the rules of this court.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motions and cross motion are denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal from the judgment (Appellate Division Docket No. 2006-03306) is enlarged until February 5, 2007, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted.

MILLER, J.P., SPOLZINO, RITTER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court