Appellate Division: Second Judicial Department

M63209

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-05207 Maria M. Mendoza, et al., appellants, v Plaza Homes, LLC, et al., respondents (and a third-party action). (Index No. 20493/03)

DECISION & ORDER ON MOTION

Motion by the appellants pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated April 25, 2007, as poor persons 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 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 appellants' 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 their brief on the appeal is enlarged until February 4, 2008.

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

ENTER:

James Edward Pelzer

Clerk of the Court