Appellate Division: Second Judicial Department

M69769

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-08730 In the Matter of King J. El, appellant, v Eileen N. Nadelson, etc., et al., respondents. (Index No. 20152/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, dated August 8, 2007, as a poor person. Separate motion by the appellant to waive the filing fee and to enlarge the time to perfect the appeal.

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

ORDERED that the branches of the motions which are to waive the filing fee are denied; and it is further,

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 enlarge the time to perfect the appeal is granted the appellant's time to perfect the appeal 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 4, 2008.

RIVERA, J.P., RITTER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court