Appellate Division: Second Judicial Department

M62934

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-01996 In the Matter of Stephen E. Russell, appellant, v New York Citywide Administrative Services, et al., respondents. (Index No. 19485/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 19, 2007, as a poor person and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted; the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the parties, and 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 branches of the motion which are to waive the filing fee and for free 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 his brief on the appeal is enlarged until January 29, 2008.

MILLER, J.P., CRANE, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court