Appellate Division: Second Judicial Department

M60945

E/sl

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-02104 Wen-Yu Zhou Wahab, respondent, v Chassib Kassim Wahab, appellant. (Index No. 21793-03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave reargue his prior motion for leave to prosecute an appeal from an order of the Supreme Court, Suffolk County, entered January 9, 2007, as a poor person and for the assignment of counsel, and the respondent's prior cross motion to dismiss the appeal as untimely taken, which were determined by decision and order on motion dated August 9, 2007, to reinstate the appeal, 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 motion is granted, and, upon reargument, the decision and order on motion dated August 9, 2007, is recalled and vacated, the appeal is reinstated, and the respondent's cross motion to dismiss the appeal as untimely taken is denied; and it is further,

ORDERED that the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted to the extent that the appeal 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 the motion is otherwise denied; 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 his brief on the appeal is enlarged until December 11, 2007; and it is further,

ORDERED that no further enlargements of time shall be granted.

PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court