Appellate Division: Second Judicial Department

M51207

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-08069 In the Matter of Harry Eberhart, appellant, v Kevin Crozier, etc., respondent. (Index No. 06-03827)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, dated July 6, 2006, and separate motion by the appellant pro se for leave to reargue that branch of his motion which was to waive payment of the filing fee, which was determined by decision and order on motion of this court dated November 30, 2006.

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

ORDERED that the motion to enlarge the time to perfect the appeal is granted, and 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 April 27, 2007; and it is further,

ORDERED that the motion for leave to reargue that branch of the motion which was to waive payment of the filing fee is denied.

MASTRO, J.P., FLORIO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court