Appellate Division: Second Judicial Department

M71919

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-11252 The People etc., ex rel. Carl Dushain, appellant, v Robert E. Ercole, respondent. (Index No. 5157/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated November 7, 2007, for leave to reargue those branches of his prior motion which were for a copy of the transcript without charge, to waive payment of the filing fee, and for the assignment of counsel, which were determined by decision and order on motion of this court dated February 15, 2008. Separate motions by the appellant to enlarge the judgment roll and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motions, the papers filed in opposition to the motions for leave to reargue and to enlarge the judgment roll, and no papers having been filed in opposition or in relation to the motion to enlarge the time to perfect the appeal, it is

ORDERED that the motions for leave to reargue and to enlarge the judgment roll are denied; and it is further,

ORDERED that the motion to enlarge the time to perfect the appeal is granted, and 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 August 18, 2008.

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

ENTER:

James Edward Pelzer

Clerk of the Court