Appellate Division: Second Judicial Department

M64267

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-10104 People etc., ex rel. James Burgess, appellant, v Robert Ercole, etc., respondent. (Index No. 1595/07)

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 an order of the Supreme Court, Dutchess County, dated July 31, 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 branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied with leave to renew upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses.

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

ENTER:

James Edward Pelzer

Clerk of the Court