Appellate Division: Second Judicial Department

M67128

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

ANITA R. FLORIO

CHERYL E. CHAMBERS, JJ.

2007-07736 In the Matter of Vanessa Rivera, respondent; Christopher W. Rivera, petitioner; Jesus Berrios, appellant. (File No. G273/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se (1) for leave to renew his motion, inter alia, for leave to prosecute an appeal from an order of the Surrogate's Court, Richmond County, dated April 17, 2007, as a poor person, for leave to proceed on the original papers, and to waive the filing fee, (2) to correct or resettle the order dated April 17, 2007, (3) 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 thereto, it is

ORDERED that the branch of the motion which is for leave to renew is denied; and it is further,

ORDERED that the branch of the motion which is to correct or resettle the order dated April 17, 2007, is denied without prejudice to seeking the same relief in the Surrogate's Court, Richmond County; 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 April 8, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., LIFSON, FLORIO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court