Appellate Division: Second Judicial Department

M60491

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2006-11049, 2007-02932, 2007-08892 Alexander Breytman, appellant, v Olinville Realty, LLC, et al., respondents. (Index No. 2423/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Kings County, dated October 20, 2006, and two orders of the same court both dated March 1, 2007, to consolidate the appeals, for leave to prosecute the appeals from the orders dated March 1, 2007, as a poor person, in effect, for leave to renew those branches of his motion which were to waive the filing fee and for free transcripts on the appeal from the order dated October 20, 2006, which was determined by decision and order on motion, dated August 1, 2007, to waive the requirement 22 NYCRR 670.10.2 (f) regarding certification of the record on the appeals, and to enlarge the time to perfect the appeals.

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 branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals from the orders dated March 1, 2007, on the original papers is granted, and those appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who 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 branches of the motion which are for free transcripts and to waive the filing fee in connection with the appeals from the orders dated March 1, 2007, are denied; and it is further,

ORDERED that the branch of the motion which is for leave to renew those branches of his motion which were to waive the filing fee and for free transcripts on the appeal from the order dated October 20, 2006, are denied; and it further,

ORDERED that the branch of the motion which is to waive the requirements regarding certification of the record on the appeals is denied as unnecessary as the appellant was granted leave to prosecute the appeals on the original papers; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals 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 appeals is enlarged until November 30, 2007.

SCHMIDT, J.P., GOLDSTEIN, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court