Appellate Division: Second Judicial Department

M60834

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2006-09766 In the Matter of Tax Foreclosure Action No. 48, etc. Ella Mac Matthew, appellant; Commissioner of New York City Department of Finance, respondent. (Index No. 8700/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated September 13, 2006, inter alia, for leave to prosecute the appeal on the original papers, to enlarge the time to perfect the appeal, and to "void deed to third party and order return of" the subject premises, pending hearing and determination of 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 on the original papers and to enlarge the time to perfect the appeal are granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties 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 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 December 10, 2007; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., GOLDSTEIN, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court