Appellate Division: Second Judicial Department

M69453

S/cb

DAVID S. RITTER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-09576, 2008-02531 D Bank of America, N.A. (USA), respondent, v Baijnath Agiwal, appellant. (Docket No. 2115/06)

ECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute appeals from two orders of the Supreme Court, Queens County, dated September 7, 2007, and February 7, 2008, respectively, on the original papers and to waive the filing fee. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated September 7, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is

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 branch of the motion which is to waive the filing fee is denied; and it is further,

ORDERED that the application is granted, and the appellant's time to perfect the appeal from the order dated September 7, 2007, 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 June 9, 2008.

RITTER, J.P., DILLON, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court