Appellate Division: Second Judicial Department

M63753

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2007-05024 Stephen Kyprianides, appellant, v Warwick Valley Humane Society, respondent. (Index No. 01-3336)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to renew his motion for leave to prosecute an appeal from an order of the Supreme Court, Orange County, dated April 23, 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 branches of the motion which are for leave to renew the motion for leave to prosecute the appeal on the original papers, to waive the filing fee, 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 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 payment of the filing fee is waived; 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 February 13, 2008; and it is further,

ORDERED that the motion is otherwise denied.

SPOLZINO, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court