Appellate Division: Second Judicial Department

M66658

E/sl

ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2007-05963 Brenda Peay, appellant, v City of New York, et al., respondents. (Index No. 9856/03)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, entered June 22, 2007, as a poor person, including a waiver of the filing fee and leave to perfect the appeal on the original record, 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 on the court's own motion, the notice of appeal from an order of the Supreme Court, Queens County, dated February 6, 2007, is deemed to be a premature notice of appeal from the judgment entered June 22, 2007 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is for leave to appeal as a poor person, including a waiver of the filing fee and leave to perfect the appeal on the original record, is 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; and it is further,

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 March 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.

SPOLZINO, J.P., ANGIOLILLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court