Appellate Division: Second Judicial Department

M69562

J/cb

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-01844 Richard T. Vitarelle, Sr., appellant, v Eileen Vitarelle, et al., respondents. (Index No. 13361/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, dated December 5, 2006, inter alia, to stay his eviction from the subject premises, for leave to prosecute the appeal as a poor person and for the assignment of counsel. Motion by the respondents to dismiss the appeal on the ground that it was untimely taken.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the respondents' motion to dismiss the appeal is denied; and it is further,

ORDERED that the branches of the appellant's motion which are for leave to prosecute the appeal on the original papers and to waive the filing fee are denied with leave to renew upon proper papers including the appellant's affidavit setting forth his full financial situation including all assets, both real and personal, as well as any and all sources of income and all expenses; and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel is denied; and it is further,

ORDERED that the appellant's motion is otherwise denied.

PRUDENTI, P.J., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court