Appellate Division: Second Judicial Department

M54561

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

ANITA R. FLORIO

DANIEL D. ANGIOLILLO, JJ.

2006-08128 Kathy Morris Daniel, respondent, v Carly Daniel, appellant. (Index No. 13905/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated July 24, 2006, for leave to prosecute the appeal as a poor person, to waive the filing fee, for leave "to use the necessary documents available" unless the respondent provides transcripts, and to enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, to waive the filing fee, and for leave "to use the necessary documents available" unless the respondent provides transcripts are denied; and it is further,

ORDERED that the branch of the motion which is 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 her brief on the appeal is enlarged until June 18, 2007; and it is further,

ORDERED that no further enlargements of time shall be granted.

RIVERA, J.P., SPOLZINO, FLORIO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court