Appellate Division: Second Judicial Department

M66358

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2007-10124 James R. Turner III, appellant, v Irving Finkelstein, et al., respondents. (Index No. 34812/06)

DECISION & ORDER ON MOTION

Motion by the appellant, pro se, for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated September 18, 2007, as a poor person, to perfect the appeal on the original record, to waive the filing fee, 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 to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until May 28, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that branches of the motion which are for leave to prosecute the appeal as a poor person, to perfect the appeal on the original record, and to waive the filing fee are denied.

RIVERA, J.P., LIFSON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court