Matter of Lewis v Annucci
Motion No: 2007-10190
Slip Opinion No: 2007 NYSlipOp 87629(U)
Decided on December 28, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M64265

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-10190

In the Matter of Jack Lewis, appellant,

v Anthony Annucci, etc., respondent.

(Index No. 7396/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se pursuant to CPLR 5520(a) to extend the time to file a notice of appeal from a judgment of the Supreme Court, Dutchess County, dated May 4, 2007, which notice of appeal was timely served, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is pursuant to CPLR 5520(a) to extend the time to file the notice of appeal is granted; and it is further,

ORDERED that the appellant's time to file his notice of appeal in the office of the Clerk of the Supreme Court, Dutchess County, is extended up to and including February 11, 2008, and the appellant shall file his notice of appeal and provide proof of filing to the Clerk of this court on or before that date; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and 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 the branches of the motion which are to waive the filing fees, for free transcripts, and for the assignment of counsel are 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 March 12, 2008.

RIVERA, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court